Does not the evidence support the position of Shaykh al-Islam Ibn Taymiyyah regarding the 'illah (operative cause) in the hadith (marrying a woman and her maternal aunt)?
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The questioner : What supports the position of Shaykh al-Islam, O Shaykh, is the 'illah (operative cause) in the hadith regarding marrying a woman and her paternal aunt, and between a woman and...
The Shaykh : It is the 'illah (operative cause) that does not restrict the general ruling.
The questioner : But.
The Shaykh : Unless the 'illah (operative cause) is explicitly stated in the text, and this is a rule we must know: an inferred 'illah (operative cause) does not restrict the general ruling.
The questioner : But it may be said that the 'illah (operative cause), for example, exists in her relatives, for example, the paternal aunt's daughter or the maternal aunt's daughter, more strongly than it exists in the paternal aunt by milk kinship or the maternal aunt by milk kinship.
The Shaykh : Well, is that correct? So this contradicts the Shaykh, even though we agree with him that this is the 'illah (operative cause), and for this reason we said "generally." Have you seen if a sister did what she did?
The student: The daughter of Abu Sufyan.
The Shaykh : Umm Habibah, did she not propose her sister to the Messenger of Allah (peace and blessings be upon him)? Have you seen if a woman, for example, said to her husband, "I swear by Allah, I am old and weak, and I have a sister like the full moon on the night of the sixteenth after the eighth; marry her." Is that possible or not?
The student: No, it is not possible.
The Shaykh : No, you can say it, I say.
The student: Yes, you can say it.
The Shaykh : You can say it. This does not involve severing ties; it does not involve severing ties at all. Rather, this involves maintaining ties, and yet we prohibit it. In any case, the benefit we want to state is that an inferred 'illah (operative cause) does not restrict the general ruling, and the 'illah (operative cause) of a matter with an inferred 'illah (operative cause) may be this 'illah (operative cause) or it may be something else that we do not know.
The Shaykh : It is the 'illah (operative cause) that does not restrict the general ruling.
The questioner : But.
The Shaykh : Unless the 'illah (operative cause) is explicitly stated in the text, and this is a rule we must know: an inferred 'illah (operative cause) does not restrict the general ruling.
The questioner : But it may be said that the 'illah (operative cause), for example, exists in her relatives, for example, the paternal aunt's daughter or the maternal aunt's daughter, more strongly than it exists in the paternal aunt by milk kinship or the maternal aunt by milk kinship.
The Shaykh : Well, is that correct? So this contradicts the Shaykh, even though we agree with him that this is the 'illah (operative cause), and for this reason we said "generally." Have you seen if a sister did what she did?
The student: The daughter of Abu Sufyan.
The Shaykh : Umm Habibah, did she not propose her sister to the Messenger of Allah (peace and blessings be upon him)? Have you seen if a woman, for example, said to her husband, "I swear by Allah, I am old and weak, and I have a sister like the full moon on the night of the sixteenth after the eighth; marry her." Is that possible or not?
The student: No, it is not possible.
The Shaykh : No, you can say it, I say.
The student: Yes, you can say it.
The Shaykh : You can say it. This does not involve severing ties; it does not involve severing ties at all. Rather, this involves maintaining ties, and yet we prohibit it. In any case, the benefit we want to state is that an inferred 'illah (operative cause) does not restrict the general ruling, and the 'illah (operative cause) of a matter with an inferred 'illah (operative cause) may be this 'illah (operative cause) or it may be something else that we do not know.