You mentioned the rule that if a text is revealed, no condition is added to it except by evidence. What do you say regarding the saying of Allah the Exalted:
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The questioner : His EminenceThe Shaykh : You said yesterday the rule: "If a text is revealed, no condition is added to it except by evidence". What do you say, may Allah reward you with good, regarding the saying of Allah the Exalted: [An-Nisa 4:23]? They say that this condition is not valid, and there is much like that in the case of His saying: [Al-Ma'idah 5:95]?
The Shaykh : Yes, this is it, or these two verses mentioned by the questioner are the opposite of what we said, because we say that if a text is revealed with a condition, it is not restricted except by evidence. As for these two verses mentioned, they contain a condition, but it is not considered a valid condition. It is not considered a valid condition. And it is true that we say if a condition is revealed, the original ruling is that it is considered. This is the original ruling: if a condition is revealed, the original ruling is that it is considered. So let us look at the first verse:
The first verse: Is it the saying of the brother? Do you memorize it? He mentioned it. Yes, stop. Yes.
The student:[An-Nisa 4:23].
The Shaykh : His saying, the Exalted:[An-Nisa 4:23]. Where is the condition that is not considered? Because He said: and He said: . What is the condition that is not considered?
The student: ... .
The Shaykh : "Those in your care." Okay, rest.
This condition, "those in your care," the scholars differed regarding it. Some said that it is a considered condition, and that a stepdaughter is not forbidden to the husband of her mother unless she was in the care of the husband, based on his saying, what?[An-Nisa 4:23]. According to this opinion, if a man marries a woman who has a daughter from another man, but this daughter is with her father and was not in the care of her mother's husband, then she is not forbidden to this husband because she is not in his care. This is the view of a group of scholars from the Salaf and the Khalaf.
And among the scholars, and they are the majority, are those who hold that this condition is not a requirement. They argue for this by the fact that Allah the Exalted said, pay attention with me, He said:[An-Nisa 4:23]. This is a condition. This is another condition. Then He said: [An-Nisa 4:23]. So He mentioned the implication of the second condition, which indicates permissibility, without mentioning the implication of the first condition, which is His saying: [An-Nisa 4:23]. He mentioned the implication of the second condition and was silent about the implication of the first condition, which indicates that the first condition is not considered. Because if it were considered, Allah the Exalted would have mentioned its contrary implication. For example, He would have said, "If they are not in your care and you have not entered with their mothers, then there is no blame on you." But since Allah did not mention that, it is known that His saying: [An-Nisa 4:23] is a condition with no implication, because it is a descriptive attribute indicating the reality in most cases. And the reality in most cases is that the stepdaughter is in the care of her mother's husband because she follows her mother in most cases. As for the second verse, which is His saying, the Exalted: [Al-Ma'idah 5:95] regarding hunting [Al-Ma'idah 5:95], the stronger opinion, without doubt, is that this condition is considered. And if a person kills game while in the state of ihram without intention, there is nothing on him. He has no sin and no compensation. Rather, we say a general phrase: "All prohibited matters in acts of worship, if a person does them while ignorant, forgetful, or coerced, there is nothing on him". Even if it is assumed that he had intercourse during the day of Ramadan, or had intercourse with his wife during the day of Ramadan while forgetful or ignorant, or the woman was coerced, there is no sin and no expiation.
Likewise, regarding hunting, if a person in the state of ihram kills it while forgetful, ignorant, or coerced, there is no compensation on him and no sin.
your step-daughters under your guardianship
وربائبكم اللاتي في حجوركمAnd whoever of you kills it intentionally - the penalty is an equivalent from sacrificial animals to what he killed
ومن قتله منكم متعمدا فجزاء مثل ما قتل من النعمThe Shaykh : Yes, this is it, or these two verses mentioned by the questioner are the opposite of what we said, because we say that if a text is revealed with a condition, it is not restricted except by evidence. As for these two verses mentioned, they contain a condition, but it is not considered a valid condition. It is not considered a valid condition. And it is true that we say if a condition is revealed, the original ruling is that it is considered. This is the original ruling: if a condition is revealed, the original ruling is that it is considered. So let us look at the first verse:
The first verse: Is it the saying of the brother? Do you memorize it? He mentioned it. Yes, stop. Yes.
The student:
your step-daughters under your guardianship
وربائبكم اللاتي في حجوركمThe Shaykh : His saying, the Exalted:
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.
وربائبكم اللاتي في حجوركم من نسائكم اللاتي دخلتم بهن فإن لم تكونوا دخلتم بهن فلا جناح عليكمFrom your wives with whom you have had intercourse
من نسائكم اللتي دخلتم بهنAnd your stepdaughters in your care
وربائبكم اللتي في حجوركمThe student: ... .
The Shaykh : "Those in your care." Okay, rest.
This condition, "those in your care," the scholars differed regarding it. Some said that it is a considered condition, and that a stepdaughter is not forbidden to the husband of her mother unless she was in the care of the husband, based on his saying, what?
under your guardianship
اللاتي في حجوركمAnd among the scholars, and they are the majority, are those who hold that this condition is not a requirement. They argue for this by the fact that Allah the Exalted said, pay attention with me, He said:
your step-daughters under your guardianship
وربائبكم اللاتي في حجوركمFrom your wives with whom you have had intercourse
من نسائكم اللتي دخلتم بهنBut if you have not gone in unto them, there is no sin upon you.
فإن لم تكونوا دخلتم بهن فلا جناح عليكمunder your guardianship
اللاتي في حجوركمunder your guardianship
اللاتي في حجوركمAnd whoever of you kills it intentionally
ومن قتله منكم متعمداthe penalty is an equivalent from sacrificial animals to what he killed
فجزاء مثل ما قتل من النعمLikewise, regarding hunting, if a person in the state of ihram kills it while forgetful, ignorant, or coerced, there is no compensation on him and no sin.