What constitutes a 'Thayyib' (a previously experienced woman) whose consent must be explicitly sought in marriage?

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The recognized Thayyib is she who has been penetrated, regardless of whether the penetration occurred through a lawful marriage or illicit means. This is the position held by Al-Shafi'i. The evidence rests upon the explicit statement of the Prophet, peace be upon him: "The Thayyib speaks for herself." Furthermore, the narration stating, "The Ayim (unmarried woman) shall not be married until her consent is sought, and the virgin shall not be married until her permission is sought, and her permission is her silence," indicates the necessity of explicit speech for the Thayyib because the Prophet divided women into two categories; silence was designated as permission for one, meaning the other must be the opposite. Since this woman (who has been penetrated) is a Thayyib, she requires explicit consent. Moreover, if one bequeathed property to the Thayyib women of his household, she would be included, but not if the bequest was specifically for virgins. Similarly, if a condition of 'virginity' was stipulated in a marriage contract or purchase and she was found to have been violated by adultery, the contract is voidable. Finally, she is deemed similar to one whose penetration occurred under a legal doubt (shubhah) or through ownership rights (milk yamin), or one married off while a minor.