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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the interpretation of the hadith (the in-law is death)?

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The questioner : Our teacher, some of the scholars (may Allah have mercy on them) interpreted the saying of the Messenger of Allah (peace and blessings be upon him):
The relative is death الحمو الموت
as meaning the husband’s father. What do you think of that? May Allah reward you with good.

The Shaykh : As meaning the husband’s father.

The questioner : The statement of al-Dimashqi.

The Shaykh : Yes. [...] I do not have the appropriate answer.

The questioner : Beware of entering upon women. He said: What about the in-law? He said:
The relative is death الحمو الموت
.

The Shaykh : But in my opinion, if this interpretation is permissible from the Arabic perspective—that the term "in-law" is used to mean, for example, the husband’s father—then it is not correct to interpret "in-law" in this hadith with this meaning. That is because many hadiths and decisive Quranic texts clearly indicate the permissibility of the in-law, who is the husband’s father, entering upon the woman, even if she is not wearing the hijab. We know, for example, or we recall from what we recall, the hadith in Abu Dawud (may Allah have mercy on him) that the Prophet (peace and blessings be upon him) entered upon his daughter Fatimah one day with a slave boy of hers. Lady Fatimah, who was lying down, hurried to cover herself, and he said to her:
There is no harm for you; he is only your father and your slave boy. لا بأس عليك، إنما هو أبوكِ وغلامك
. It is permissible for a slave boy to enter upon a woman, for her to see him, and for him to see her in her home clothes, within the limits of what Allah the Exalted stated in the Noble Quran:
not expose their adornment except to their husbands, their fathers لَا يُبْدِينَ زِينَتَهُنَّ إِلَّا لِبُعُولَتِهِنَّ أَوْ آَبَائِهِنَّ
[An-Nur 24:31]
, to the end of the verse. That is to say: a woman does not display before a mahram more than the places of adornment. The hadiths are explicit in the permissibility of a mahram being alone with the one for whom he is a mahram. Therefore, interpreting "in-law" here as the most strict of mahrams, which is the husband’s father, is not correct and does not hold up here. Otherwise, it would necessitate rejecting many hadiths and rulings agreed upon by the scholars of the Muslims.
It is only possible to say this in some special circumstances, if the time has become corrupt and the morals of men have deteriorated, and it is the predominant opinion that the husband’s father entering upon the woman may expose them to fitnah (trial, discord or temptation). This is a ruling that can be adopted, but as an exceptional case, not a general rule. We can say this. You have heard and read in some newspapers of incidents that are difficult for a person to imagine, but they happened: the one who did this to his daughter, and the one who did this to his sister, and the like. These are matters upon which general rulings are not based. However, if it becomes apparent to the wife’s relatives, for example, that some of the mahrams have bad character, and they prevent her from seeing them, that is entirely possible. But it is not permissible for us to make it a general, ongoing ruling, because it contradicts the evidence we mentioned.

The questioner : Some of the scholars in Makkah al-Mukarramah agreed with you, namely al-Hafiz al-Albani. When he was asked about it, he said: The intention is that you have come upon what those before you from the scholars did not come upon, and he supported this with the statement of al-Hafiz Ibn Hajar al-Asqalani in the biography of his teacher al-Iraqi in al-Nida'... that being a Hafiz is knowledge, and you have come upon and known from the texts and chains of narration what exceeds that. What is your opinion?

The Shaykh : In any case, first of all, I do not approve of this title.
Second: The issue returns to the defined meaning, which you are mentioning now regarding al-Hafiz Ibn Hajar with his teacher al-Iraqi. This is a specific terminology, not the general terminology mentioned in the books of terminology, that a Hafiz is one who memorizes such-and-such number of hadiths. I do not remember the exact number; perhaps you remember it.

The questioner : One hundred thousand.

The Shaykh : One hundred thousand. This is the general terminology. As for saying that the intended meaning is looking into what others have not looked into, and knowledge as well, that would be a specific terminology. And in any case, I disclaim being described by anyone with this attribute, whether by the general terminological meaning or by this specific meaning. Rather, I am, as I always say, a student of knowledge who strives to look into things to the extent I am able.
The audience: Allahu Akbar.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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