Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Exegesis of the verse: “Forbidden to you are your mothers, your daughters, your sisters... and the mothers of your wives...”

Machine translationRead the Arabic original
Then Allah the Exalted said:
Prohibited to you [for marriage] are your mothers, your daughters, your sisters حرمت عليكم أمهاتكم وبناتكم وأخواتكم ...
[An-Nisa 4:23]
It is forbidden حرمت
Who are the prohibited women? Allah Mighty and Majestic, and the actor is omitted because it is known. The root of *haram* in language is prevention, as in the *haram* of a well, which is the area around it that serves as its protection and prevents anyone other than its owner from possessing it. So the root of *haram* in language is prevention, meaning you are prevented from your mothers.
Prohibited to you [for marriage] are your mothers حرمت عليكم أمهاتكم
[An-Nisa 4:23]
And *ummahat* is the plural of *umm* (mother) or *ummah*. It is said that the plural of *umm* for a rational being is *ummahat*, and for a non-rational being it is *ummat* by dropping the *ha*. So it is said: these sheep are *ummat* (mothers) of these children, the children of the sheep. And His saying:
Your mothers أمهاتكم
includes the mother in this world and the mother in the hereafter, such as the grandmother, the grandmother’s mother, the father’s mother, the mother’s mother, the grandfather’s mother, and the grandmother’s mother. The important thing is to say about them what we said about His saying:
your fathers آبائكم
meaning that it includes the near and the far of mothers from the father’s side and the mother’s side.
and your daughters وبناتكم
*Banat* is the plural of *bint* (daughter) and includes the daughter, the son’s daughter, the daughter’s daughter, and so on descending. It also includes the daughter from fornication according to the majority of scholars, even though she is not legally attributed to him, but since she was created from his semen, she is included according to the stronger opinion, as we will explain, if Allah wills, in the benefits.
and your sisters وأخواتكم
Who are the sisters? *Akhwat* is the plural of *ukht* (sister), and they are the lowest branches of the father.
and your paternal aunts وعماتكم
The plural of *'ammah* (paternal aunt), and they are the higher branches of the father, meaning the branches of the grandfather, the branches of the grandfather’s father, the branches of the grandfather’s grandfather, and so on. Know that a man’s paternal aunt is a paternal aunt to him and to his descendants, both sons and daughters. Pay attention to this: your father’s paternal aunt is a paternal aunt to you, your children, your daughters, your sons’ children, and your daughters’ children.
and your maternal aunts وخالاتكم
Who is the maternal aunt? Maternal aunts are the branches of the mother’s father, however high up. Paternal aunts are the branches of the father’s father, and maternal aunts are the branches of the mother’s father, meaning your mother’s sisters.
and the daughters of [your] brothers وبنات الأخ
And so on descending. It includes the full brother, the brother on the father’s side, and the brother on the mother’s side. What is your relationship to the brother’s daughters? You are their paternal uncle. And to the sister’s daughters? You are their maternal uncle. The sister’s daughters are prohibited for a man, however far down the line. The prohibited women by lineage are seven, as appears: your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, the brother’s daughters, and the sister’s daughters. These are seven prohibited women by lineage. It is said in their enumeration according to the method of jurists: the ancestors, the descendants, the descendants of the lowest ancestor however far down, and the descendants of the highest ancestor excluding their descendants. Is that clear? Yes. The ancestors are like mothers and grandmothers. The descendants are like daughters, however far down. The descendants of the lowest ancestor, however far down? These are the sisters, however far down, and the sister’s daughters. The descendants of the highest ancestor, specifically their direct line? The paternal and maternal aunts, but specifically their direct line, meaning excluding those who descend from them. So, for example, the paternal aunt’s daughter is lawful, and the maternal aunt’s daughter is lawful. This is according to the method of jurists. As for the method of the servant (the speaker), which is the most eloquent thing, and it is the speech of Allah Mighty and Majestic, it does not require much contemplation. It does not require much contemplation. Therefore, if you tell a layman: it is prohibited for you to marry the mother, the daughter, the sister, the paternal aunt, the maternal aunt, the brother’s daughter, and the sister’s daughter, he leaves with it clear to him, reassured, and the matter clear to him. But if you tell him: it is prohibited for you to marry the ancestors and the descendants, he will say: what are the ancestors and the descendants? And the descendants of the lowest ancestor however far down, and the descendants of the highest ancestor specifically their direct line excluding those who descend? He will say: this is a thing of... He leaves seeking a translation for this thing. And so, glory to Allah the Great, the Qur'an is the most eloquent thing, no matter who speaks about eloquence, the Qur'an is more eloquent than him, clearer, and more explicit. Then He the Exalted and Majestic said:
your [milk] mothers who nursed you وأمهاتكم اللاتي أرضعنكم
[An-Nisa 4:23]
This is another category, because the prohibited women are categories: by lineage, by breastfeeding, and by affinity. He says here:
your [milk] mothers who nursed you وأمهاتكم اللاتي أرضعنكم
[An-Nisa 4:23]
And breastfeeding is known, and it is the sucking of the breast, or the infant sucking the breast, or giving it to him after separation from the breast, as if placed in a cup or an artificial breast or the like. And His saying:
who have nursed you اللاتي أرضعنكم
The word *arda'a* (to breastfeed) is a verb, and the verb in its original sense is generalization, and generalization is true for one time. So if I say, for example, "I hit," how many times? It is true for one time. So
nursed you أرضعنكم
it is true for one time, meaning with one suckling.
your [milk] mothers who nursed you وأمهاتكم اللاتي أرضعنكم
[An-Nisa 4:23]
So the verse indicates that general breastfeeding establishes prohibition. And it will come, if Allah wills, in the benefits, an explanation that the Sunnah restricted that.
your sisters through nursing وأخواتكم من الرضاعة
[An-Nisa 4:23]
Who are the sisters by breastfeeding? They are the daughters of the woman who breastfed you and the daughters of her husband. Correct? The sisters by breastfeeding are the daughters of the woman who breastfed you and the daughters of her husband, whether from her or from another. They are the daughters of the woman who breastfed you, correct? And the daughters of her husband, correct or not? Correct. The daughters of the wife who breastfed you and the daughters of her husband, because the daughters of her husband would be sisters by the father, and the daughters of the one who breastfed you are sisters to you by the father and mother, meaning full sisters, or by the mother, meaning she may have breastfed you with the milk of Zayd and have daughters from 'Amr, so her daughters from 'Amr would be sisters to you by the mother. The important thing is that His saying:
sisters through nursing أخوات من الرضاعة
includes full sisters, those by the father, and those by the mother. Is that clear? No, it is clear, there are no notes. When are they full sisters? If she breastfed you with the milk of their father. If she breastfed you with the milk of their father, they become full sisters. And when are they by the father? If the husband who breastfed you with his milk has daughters from another, from someone other than the one who breastfed you, because the father is one. This is your father by breastfeeding, and the father of these women by lineage. And when are they sisters by the mother? If she has daughters from a husband other than the one who breastfed you, and she is pregnant with him, they are sisters to you by the mother. The important thing is that sisters by breastfeeding include full sisters, or by the father, or by the mother. Does it include someone who came before, for example, if she breastfed with the child named Muhammad and she has a daughter before him named Fatima, can he marry her or not? He cannot marry her, because she is his sister by breastfeeding. He says:
the mothers of your wives وأمهات نسائكم
Who is the mother? The mother, as we said, if used generally, is the one who gave birth to the person. Allah the Exalted said:
Their mothers are none but those who gave birth to them إن أمهاتهم إلا اللائي ولدنهم
[Al-Mujadila 58:2]
So the mothers of women means those who gave birth to your wives, those who gave birth to your wives. Pay attention to this point! And His saying:
your wives نسائكم
means your wives. And a woman does not become a wife except with a valid contract, so it is necessary that the contract be valid. From here begins the third category: the prohibited women by what? By affinity.
the mothers of your wives أمهات نسائكم
Who knows the mothers of women? Those who gave birth to them. What is the evidence for this? His saying the Exalted:
Their mothers are none but those who gave birth to them إن أمهاتهم إلا اللائي ولدنهم
[Al-Mujadila 58:2]
We said that the marriage must be valid, because if it is not valid, the woman is not among his wives, so the women are not wives except after the validity of the contract.
your step-daughters under your guardianship وربائبكم اللاتي في حجوركم
[An-Nisa 4:23]
*Raba'ib* is the plural of *rabiyyah* (stepdaughter), like *suhuf* is the plural of *sahifah* (page).
and your step-daughters under your guardianship [born] of your wives unto whom you have gone in وربائبكم اللائي في حجوركم من نسائكم اللاتي دخلتم بهن
[An-Nisa 4:23]
So the word
under your guardianship اللاتي في حجوركم
[An-Nisa 4:23]
is a description of *raba'ib*, and
of your wives unto whom you have gone in من نسائكم اللاتي دخلتم بهن
[An-Nisa 4:23]
is an explanation of it, meaning the stepdaughters are from these women with whom you have entered, and
of your women من نسائكم
means? Your wives with whom you have contracted a valid marriage, for a woman does not become a man’s wife except with a valid contract.
unto whom you have gone in اللاتي دخلتم بهن
[An-Nisa 4:23]
those who اللاتي
Here is a description of His saying:
of your women من نسائكم
unto whom you have gone in اللاتي دخلتم بهن
[An-Nisa 4:23]
And the meaning of entering with them is intercourse. The meaning of entering with them is intercourse, not seclusion. So here we distinguish between entering, which is intercourse, and seclusion. Seclusion has no effect. Allah mentioned two conditions regarding stepdaughters. The first condition: that she be in the care of the person. He married a woman who has a daughter from another, and he takes the daughter with the mother to be with him. She is in his care. The second condition: that the woman has been entered with by the husband, meaning he has had intercourse with her. Are these two conditions considered, or is only one of them considered? There is disagreement among scholars. The majority are of the opinion that the first condition is not considered, and that is His saying:
under your guardianship اللاتي في حجوركم
[An-Nisa 4:23]
And this is based on the most common case or as an explanation of the wisdom of the prohibition, which is that she is in your care, so she is like your daughter. The second opinion is that the first condition is not considered. The second opinion is that the first condition is not considered, and that is the opinion of the majority. This means that the wife’s daughter is prohibited for you whether she is in your care or not. They argued for this with His saying the Exalted:
But if you have not gone in unto them, there is no sin upon you. فإن لم تكونوا دخلتم بهن فلا جناح عليكم
[An-Nisa 4:23]
where He explicitly stated the implication of the second condition and was silent about the implication of the first condition. This indicates that the first condition is not considered, because Allah was silent about it, and if it were considered, He would have said: "If you have not entered with them, or if they are not in your care, then there is no blame on you." And since He was silent about this, it is known that it is a condition that is not considered, but it is either... the most common case or to explain the wisdom.
But if you have not gone in unto them, there is no sin upon you. فإن لم تكونوا دخلتم بهن فلا جناح عليكم
[An-Nisa 4:23]
What is the correct opinion? The correct opinion is the opinion of the majority. Did we mention the second opinion? Let us return a second time so that you do not get confused with us, as you got confused before. In the verse there are two conditions. The first condition:
under your guardianship اللاتي في حجوركم
[An-Nisa 4:23]
, and the second condition:
of your wives unto whom you have gone in من نسائكم اللاتي دخلتم بهن
[An-Nisa 4:23]
Are the two conditions considered? There are two opinions of the scholars. The first opinion: that they are considered, and that if the stepdaughter is not in the care of the person, she is lawful, or if he has not entered with her mother, she is lawful, and that she is not prohibited unless the two conditions are gathered, and he has entered with her mother. Is that clear? Yes. The second opinion, the opinion of the majority, is that the considered condition is the second one, and that is His saying:
of your wives unto whom you have gone in من نسائكم اللاتي دخلتم بهن
[An-Nisa 4:23]
As for the first condition, it is not considered, and it was mentioned based on the most common case or as an explanation of the wisdom. The majority argued for their opinion by the fact that Allah the Exalted explicitly stated the implication of the second condition and did not explicitly state the implication of the first condition, and He said:
But if you have not gone in unto them, there is no sin upon you. فإن لم تكونوا دخلتم بهن فلا جناح عليكم
[An-Nisa 4:23]
If the first condition were considered, He would have said: "If you have not entered with them, or if they are not in your care, then there is no blame on you." If Allah had been silent about the implication and not said:
if you have not consummated marriage with them فإن لم دخلتم بهن
, the condition would have been considered, and the argument would have been with those who made it a condition. So the ranks are three: First, it is said: "Your stepdaughters who are in your care from your wives with whom you have entered. If they are not in your care, or if you have not entered with their mothers, then there is no blame on you." In this rank, the two conditions are considered without doubt. Second, it is said: "And your stepdaughters who are in your care from your wives with whom you have entered, and the wives of your sons." Here the two conditions are considered. Third, as in the verse, it is said:
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 عليكم
[An-Nisa 4:23]
This necessitates that the second condition is considered and the first condition is not considered, and this is the opinion of the majority and it is the correct one, and Allah knows best.
Source alathar.net

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

Similar fatwas