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20 Jamadilakhir 1446H

Sun, 22 Dec 2024

Pray Time

Tafseer Ibn Kathir of AN NISAA' [23]



حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ وَعَمَّاتُكُمْ وَخَالاَتُكُمْ وَبَنَاتُ الأَخِ وَبَنَاتُ الأُخْتِ وَأُمَّهَاتُكُمُ اللاَّتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُم مِّنَ الرَّضَاعَةِ وَأُمَّهَاتُ نِسَآئِكُمْ وَرَبَائِبُكُمُ اللاَّتِي فِي حُجُورِكُم مِّن نِّسَآئِكُمُ اللاَّتِي دَخَلْتُم بِهِنَّ فَإِن لَّمْ تَكُونُواْ دَخَلْتُم بِهِنَّ فَلاَ جُنَاحَ عَلَيْكُمْ وَحَلاَئِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلاَبِكُمْ وَأَن تَجْمَعُواْ بَيْنَ الأُخْتَيْنِ إَلاَّ مَا قَدْ سَلَفَ إِنَّ اللّهَ كَانَ غَفُورًا رَّحِيمًا
Prohibited to you [for marriage] are your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters, your [milk] mothers who nursed you, your sisters through nursing, your wives' mothers, and your step-daughters under your guardianship [born] of your wives unto whom you have gone in. But if you have not gone in unto them, there is no sin upon you. And [also prohibited are] the wives of your sons who are from your [own] loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful.
حُرِّمَتْ عَلَيْكُمْ أُمَّهَـتُكُمْ وَبَنَـتُكُمْ وَأَخَوَتُكُمْ وَعَمَّـتُكُمْ وَخَـلَـتُكُمْ وَبَنَاتُ الاٌّخِ وَبَنَاتُ الاٍّخْتِ وَأُمَّهَـتُكُمُ الْلاَّتِى أَرْضَعْنَكُمْ وَأَخَوَتُكُم مِّنَ الرَّضَاعَةِ وَأُمَّهَـتُ نِسَآئِكُمْ وَرَبَائِبُكُمُ اللَّـتِى فِى حُجُورِكُمْ مِّن نِّسَآئِكُمُ اللَّـتِى دَخَلْتُمْ بِهِنَّ فَإِن لَّمْ تَكُونُواْ دَخَلْتُمْ بِهِنَّ فَلاَ جُنَاحَ عَلَيْكُمْ وَحَلَـئِلُ أَبْنَآئِكُمُ الَّذِينَ مِنْ أَصْلَـبِكُمْ وَأَن تَجْمَعُواْ بَيْنَ الاٍّخْتَيْنِ إَلاَّ مَا قَدْ سَلَفَ إِنَّ اللَّهَ كَانَ غَفُوراً رَّحِيماً
23. Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters, your foster mothers who suckled you, your foster milk suckling sisters, your wives' mothers, your stepdaughters under your guardianship, born of your wives unto whom you have gone in -- but there is no sin on you if you have not gone in unto them (to marry their daughters), -- the wives of your sons who (spring) from your own loins, and two sisters in wedlock at the same time, except for what has already passed; verily, Allah is Oft- Forgiving, Most Merciful. This honorable Ayah is the Ayah that establishes the degrees of women relatives who are never eligible for one to marry, because of blood relations, relations established by suckling or marriage. Ibn Abi Hatim recorded that Ibn `Abbas said, ”(Allah said) I have prohibited for you seven types of relatives by blood and seven by marriage.'' Ibn `Abbas then recited the Ayah,
حُرِّمَتْ عَلَيْكُمْ أُمَّهَـتُكُمْ وَبَنَـتُكُمْ وَأَخَوَتُكُمْ
(Forbidden to you (for marriage) are: your mothers, your daughters, your sisters...) At-Tabari recorded that Ibn `Abbas said, ”Seven degrees of blood relation and seven degrees of marriage relation are prohibited (for marriage).'' He then recited the Ayah,
حُرِّمَتْ عَلَيْكُمْ أُمَّهَـتُكُمْ وَبَنَـتُكُمْ وَأَخَوَتُكُمْ وَعَمَّـتُكُمْ وَخَـلَـتُكُمْ وَبَنَاتُ الاٌّخِ وَبَنَاتُ الاٍّخْتِ
(Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters) and these are the types prohibited by blood relation.'' Allah's statement,
وَأُمَّهَـتُكُمُ الْلاَّتِى أَرْضَعْنَكُمْ وَأَخَوَتُكُم مِّنَ الرَّضَاعَةِ
(Your foster mothers who suckled you, your foster milk suckling sisters) means, just as your mother who bore you is prohibited for you in marriage, so is your mother from suckling prohibited for you. Al-Bukhari and Muslim recorded that `A'ishah, the Mother of the Faithful, said that the Messenger of Allah said,
«إِنَّ الرَّضَاعَةَ تُحَرِّمُ مَا تُحَرِّمُ الْوِلَادَة»
(Suckling prohibits what birth prohibits.) In another narration reported by Muslim,
«يَحْرُمُ مِنَ الرَّضَاعَةِ مَا يَحْرُمُ مِنَ النَّسَب»
(Suckling establishes prohibited degrees just as blood does.)   Less than five incidents of suckling will not establish prohibition for marriage. In his Sahih, Muslim recorded that `A'ishah said, ”Among the parts of the Qur'an that were revealed, is the statement, `Ten incidents of suckling establishes the prohibition (concerning marriage).' It was later abrogated with five, and the Messenger of Allah died while this statement was still recited as part of the Qur'an.''' A Hadith that Sahlah bint Suhayl narrated states that the Messenger of Allah ordered her to suckle Salim the freed slave of Abu Hudhayfah with five.'' We should assert that the suckling mentioned here must occur before the age of two, as we stated when we explained the Ayah in Surat Al-Baqarah,
يُرْضِعْنَ أَوْلَـدَهُنَّ حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَ
((The mothers) should suckle their children for two whole years, (that is) for those (parents) who desire to complete the term of suckling) ï´¿2:233ï´¾. The Mother-in-Law and Stepdaughter are Prohibited in Marriage Allah said next,
وَأُمَّهَـتُ نِسَآئِكُمْ وَرَبَائِبُكُمُ اللَّـتِى فِى حُجُورِكُمْ مِّن نِّسَآئِكُمُ اللَّـتِى دَخَلْتُمْ بِهِنَّ فَإِن لَّمْ تَكُونُواْ دَخَلْتُمْ بِهِنَّ فَلاَ جُنَاحَ عَلَيْكُمْ
(Your wives' mothers, your stepdaughters under your guardianship, born of your wives unto whom you have gone in - but there is no sin on you if you have not gone in unto them,) As for the mother of the wife, she becomes prohibited for marriage for her son-in-law when the marriage is conducted, whether the son-in-law has sexual relations with her daughter or not. As for the wife's daughter, she becomes prohibited for her stepfather when he has sexual relations with her mother, after the marriage contract is ratified. If the man divorces the mother before having sexual relations with her, he is allowed to marry her daughter. So Allah said;
وَرَبَائِبُكُمُ اللَّـتِى فِى حُجُورِكُمْ مِّن نِّسَآئِكُمُ اللَّـتِى دَخَلْتُمْ بِهِنَّ فَإِن لَّمْ تَكُونُواْ دَخَلْتُمْ بِهِنَّ فَلاَ جُنَاحَ عَلَيْكُمْ
(Your stepdaughters under your guardianship, born of your wives unto whom you have gone in -- but there is no sin on you if you have not gone in unto them,) to marry the stepdaughter.   Allah said,
وَرَبَائِبُكُمُ اللَّـتِى فِى حُجُورِكُمْ
(...your stepdaughters under your guardianship,) The majority of scholars state that the stepdaughter is prohibited in marriage for her stepfather ﴿who consummated his marriage to her mother﴾ whether she was under his guardianship or not. The Two Sahih recorded that Umm Habibah said, ”O Messenger of Allah! Marry my sister, the daughter of Abu Sufyan (and in one narration `Azzah bint Abu Sufyan).
«إِنَّهَا لَوْ لَمْ تَكُنْ رَبِيبَتِي فِي حِجْرِي مَا حَلَّتْ لِي، إِنَّهَا لَبِنْتُ أَخِي مِنَ الرَّضَاعَةِ، أَرْضَعَتْنِي وَأَبَا سَلَمَةَ ثُوَيْبَةُ، فَلَا تَعْرِضْنَ عَلَيَّ بَنَاتِكُنَّ وَلَا أَخَوَاتِكُن»
(”Do you like that I do that'' She said, ”I would not give you up for anything, but the best of whom I like to share with me in that which is righteously good, is my sister.'' He said, ”That is not allowed for me.'' She said, ”We were told that you want to marry the daughter of Abu Salamah.'' He asked, ”The daughter of Umm Salamah'' She said, ”Yes.'' He said, ”Even if she was not my stepdaughter and under my guardianship, she is still not allowed for me because she is my niece from suckling, for Thuwaybah suckled me and Abu Salamah. Therefore, do not offer me to marry your daughters or sisters. '') In another narration from Al-Bukhari,
«إِنِّي لَوْ لَمْ أَتَزَوَّجْ أُمَّ سَلَمَةَ مَا حَلَّتْ لِي»
(Had I not married Umm Salamah, her daughter would not have been allowed for me anyway.) Consequently, the Messenger stated that his marriage to Umm Salamah was the real reason behind that prohibition.   The Ayah continues,
اللَّـتِى دَخَلْتُمْ بِهِنَّ
(Your wives unto whom you have gone in), meaning, had sexual relations with them, according to Ibn `Abbas and several others.   Allah said,
وَحَلَـئِلُ أَبْنَآئِكُمُ الَّذِينَ مِنْ أَصْلَـبِكُمْ
(The wives of your sons who (spring) from your own loins,) Therefore, you are prohibited to marry the wives of your own sons, but not the wives of your adopted sons, as adoption was common practice in Jahiliyyah. Allah said,
فَلَمَّا قَضَى زَيْدٌ مِّنْهَا وَطَراً زَوَّجْنَـكَهَا لِكَىْ لاَ يَكُونَ عَلَى الْمُؤْمِنِينَ حَرَجٌ فِى أَزْوَاجِ أَدْعِيَآئِهِمْ
(So when Zayd had accomplished his desire from her (i.e. divorced her), We gave her to you in marriage, so that (in future) there may be no difficulty to the believers in respect of (the marriage of) the wives of their adopted sons when the latter have no desire to keep them (i.e. they had divorced them).) ﴿33:37﴾ Ibn Jurayj said, ”I asked `Ata' about Allah's statement,
وَحَلَـئِلُ أَبْنَآئِكُمُ الَّذِينَ مِنْ أَصْلَـبِكُمْ
(The wives of your sons who (spring) from your own loins,) He said, `We were told that when the Prophet married the ex-wife of Zayd (who was the Prophet's adopted son before Islam prohibited this practice), the idolators in Makkah criticized him. Allah sent down the Ayat:
وَحَلَـئِلُ أَبْنَآئِكُمُ الَّذِينَ مِنْ أَصْلَـبِكُمْ
(The wives of your sons who (spring) from your own loins),
وَمَا جَعَلَ أَدْعِيَآءَكُمْ أَبْنَآءَكُمْ
(nor has He made your adopted sons your real sons.) ï´¿33:4ï´¾, and,
مَّا كَانَ مُحَمَّدٌ أَبَآ أَحَدٍ مّن رِّجَالِكُمْ
(Muhammad is not the father of any of your men) ﴿33:40﴾.''' Ibn Abi Hatim recorded that Al-Hasan bin Muhammad said, ”These Ayat are encompassing,
وَحَلَـئِلُ أَبْنَآئِكُمُ
(the wives of your sons), and,
وَأُمَّهَـتُ نِسَآئِكُمْ
(your wives' mothers). This is also the explanation of Tawus, Ibrahim, Az-Zuhri and Makhul. It means that these two Ayat encompass these types of women, whether the marriage was consummated or not, and there is a consensus on this ruling.   Why is the wife of one's son from suckling prohibited for him for marriage - that is, if she is no longer married to his son from suckling - as the majority of scholars state, although they are not related by blood The answer is the Prophet's statement,
«يَحْرُمُ مِنَ الرَّضَاعِ مَا يَحْرُمُ مِنَ النَّسَب»
(Suckling prohibits what blood relations prohibit.) Allah said,
وَأَن تَجْمَعُواْ بَيْنَ الاٍّخْتَيْنِ إَلاَّ مَا قَدْ سَلَفَ
(...and two sisters in wedlock at the same time, except for what has already passed;) The Ayah commands: you are prohibited to take two sisters as rival wives, or rival female-servants, except for what had happened to you during the time of Jahiliyyah, which We have forgiven and erased. Therefore, no one is allowed to take or keep two sisters as rival wives, according to the consensus of the scholars of the Companions, their followers, and the Imams of old and present. They all stated that taking two sisters as rival wives is prohibited, and that whoever embraces Islam while married to two sisters at the same time is given the choice to keep one of them and divorce the other. Imam Ahmad recorded that Ad-Dahhak bin Fayruz said that his father said, ”I embraced Islam while married to two sisters at the same time and the Prophet commanded me to divorce one of them.''
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