Chapter 366
Prohibition of observing silence from Dawn till Night

1800. `Ali (May Allah be pleased with him) said: I have retained in my memory the saying of the Messenger of Allah (PBUH) that: "No one is considered an orphan after he has attained the age of maturity; and it is unlawful to remain silent from dawn till night.''
[Abu Dawud with Hasan (good) Isnad].

1801. Qais bin Abu Hazim ¨(May Allah be pleased with him)(c) said: Abu Bakr (May Allah be pleased with him) came upon a woman named Zainab from the Ahmas tribe and noticed that she was observing total silence. He said: "What has happened to her? Why does she not speak?'' People informed him that she had sworn to remain silent. He then said to her: "You should speak, it is not permissible (to observe silence), for it is an act of the Days of Ignorance (Jahiliyyah).'' (After hearing this) she started speaking.
[Al-Bukhari].

Commentary:
1. From the above narrations it becomes clear that one can not be called an orphan when maturity is attained. The proof of maturity is night discharge and not any particular age. The age of maturity may differ in different countries according to the climate and individual body development. So night discharge has been fixed as the condition and criterion or sign of maturity. Night discharge means ejaculation of semen during sleep.

2. During the pre-Islamic period, keeping quiet was also considered as a sort of worship or devotion to God. Islam does not allow such ascetic ceremonies and extravagance. So such actions are forbidden. Further it has been stressed that instead of keeping quiet one should engage in good actions, such as enjoining good, forbidding evil, entertaining a guest, remembering Allah and glorifying Him. However, it is better to keep quiet rather than telling lies, indulging in indecent talk or backbiting.