Explanation of the Book of Marriage-06
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The Shaykh : Now, then he said: "And from Abu Hurayrah (may Allah be pleased with him), that the Messenger of Allah (peace and blessings be upon him) said: Sahih Muslim 1408a Agreed upon by al-Bukhari and Muslim".
The "la" is a negation, but this negation carries the meaning of prohibition: that is, do not marry a woman and her aunt, meaning: in marriage, because in this case the woman would be the daughter of the other woman's brother. And do not marry a woman and her maternal aunt, because she would be the daughter of her sister. So one does not marry a woman and her aunt, nor a woman and her maternal aunt.
Do we say in this case: that the wife's aunt is forbidden and the wife's maternal aunt is forbidden for the husband? Some scholars express it that way, saying: this is forbidden, but it is a prohibition for a limited time. However, the correct view is that she is not forbidden in herself; rather, the forbidden thing is the combination. We say this following the wording of the Qur'an and the Sunnah. In the Qur'an:[An-Nisa 4:23] and it did not say: "And forbidden to you are the sisters of your wives." And in the Sunnah: Sahih Muslim 1408a, and it did not say: "Forbidden to you are the aunts and maternal aunts of your wives." Adhering to the wording that came in the Qur'an and the Sunnah does not create a problem, whereas what the jurists (may Allah have mercy on them) said created a problem. For some people thought that the wife's sister, or her aunt, or her maternal aunt, since they are forbidden, become mahram (forbidden relatives). Those who thought that were the common people. They said: like the wife's mother, who is forbidden for the husband and is a mahram. So the wife's sister is a mahram for a specific time, and her aunt is a mahram for a specific time, and her maternal aunt is a mahram for a specific time!! If we say: her sister is not forbidden, her aunt is not forbidden, and her maternal aunt is not forbidden, but the forbidden thing is the combination, then the problem is resolved, and the assumption of mahram status is no longer applicable. The assumption of mahram status is not applicable. So the forbidden thing is the combination. Now, if we add this hadith to the noble verse, the women between whom marriage is forbidden are three: the wife's sister, her aunt, and her maternal aunt, and that is all. This is very easy. Is it clear? Good.
If someone asks: Is it the same for her sister through breastfeeding? Her aunt through breastfeeding? Her maternal aunt through breastfeeding?
The answer is: Yes, based on the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 1937Sahih (Darussalam) So if the combination of two sisters by blood is forbidden, the combination of two sisters by breastfeeding is forbidden. And if the combination of a woman and her aunt by blood is forbidden, the combination of her and her aunt by breastfeeding is forbidden. And if the combination of a woman and her maternal aunt by blood is forbidden, the combination of her and her maternal aunt by breastfeeding is forbidden. This is contrary to the view of Shaykh al-Islam that the wife's sister by breastfeeding, her aunt, and her maternal aunt do not forbid the combination with the wife. Because the generality of the hadith: Sunan Ibn Majah 1937Sahih (Darussalam) includes this case. For he only forbade the combination of two sisters because of blood relation. So the combination of two sisters because of breastfeeding is forbidden, just as the combination of them because of blood relation is forbidden. And the same is said regarding a woman and her aunt, and a woman and her maternal aunt. Now, is it permissible for a man to combine a man's wife and his daughter from another woman?
The student: Yes.
The Shaykh : Is it permissible for a man to combine a man's wife and his daughter from another woman?
The student: It is permissible, yes.
The Shaykh : Yes, people?
The student: How does he marry the man's wife?
The Shaykh : Meaning after he died? The man died, and a person married his wife, and then married his daughter from another woman?
The student: Permissible.
The Shaykh : It is permissible.
The student: Yes.
The Shaykh : Yes, this is permissible, because the number of women between whom the combination is forbidden is how many? Only three. And anything other than that is not forbidden.
Now, is it permissible to combine a woman and her daughter from a man other than her husband? Meaning, a man died leaving a wife, then a person married her, and then combined her with her daughter from another man?
The student: This is not permissible.
The Shaykh : Why is it not permissible?
The student:.
The Shaykh : Because she is the mother of his wife. And Allah the Exalted said regarding those who are forbidden forever: Is it clear? Good. So between a man's wife and his daughter from another woman, it is permissible. Between a man's wife and her daughter from another man?
The student: It is not permissible.
The Shaykh : It is not permissible.
The student: It is not permissible.
The Shaykh : Glory be to Allah!
The student: Because she is his mother.
The Shaykh : ... It is not permissible. Even if the voices were fewer at first, you say it is not permissible... But it was fewer. Yes, it is not permissible, there is no doubt, people. Because the daughter of the man from another woman is the mother of his wife. Is it permissible to marry the wife's mother?! Even if he divorced the daughter, if he divorced the daughter now, or if she died, it is not permissible to marry her mother, because they are mahram... forever.
Now, this that I mentioned is much better than the saying of the scholars, or some of the jurists: "Any two women, if one were made male and the other female, it would not be permissible to marry her because of blood relation or breastfeeding, not because of in-law relations" This phrase, meaning he says: any two women - do not write it down because it is difficult to understand even - "Any two women, if it were assumed that one is male and the other, it would not be permissible to marry her by blood relation or breastfeeding, not in-law relations"
The student: Correct.
The Shaykh : It is correct, but which is easier, and the Qur'anic and Prophetic wording? The Qur'anic and Prophetic wording is much better, because you say: the ones between whom the combination is forbidden are only three: the woman and her sister, the woman and her aunt, and the woman and her maternal aunt, and that is it.
So if a questioner asks you: Is it permissible to combine a person's wife and his daughter from another woman?
The student: Yes, it is permissible.
The Shaykh : You say: Yes.
You say: Yes, because the hadith does not include it. And from here we point out that it is incumbent upon us to preserve the legal terms in such issues. For example, among the common people, they call the father's wife what? A maternal aunt. Now, if you tell the common person: it is permissible to combine a man's daughter and his wife, the man's daughter from another woman, the man's daughter and his wife, they say: maternal aunt. How is it permissible? It is permissible between him and his maternal aunt.
The student: ...
The Shaykh : Yes, I say that words can actually change the meaning. For this reason, perhaps someone will say: the wife's father is a maternal uncle. Whoever speaks says this is a person who died leaving his maternal uncle and his paternal uncle. A problem. For this reason, the Messenger (peace and blessings be upon him) forbade calling the Isha prayer "al-Atamah," because this naming was for the Bedouins, and he said:Sahih Muslim 644b So preserving the legal terms is preferable.
Then the author (may Allah have mercy on him) said, now, "ba ya'jam" to the end of it.
Now, the hadith indicates the prohibition of combining a woman and her aunt, and a woman and her maternal aunt. And the correct view is that this includes breastfeeding, just as it does blood relation. Now, if the contract is made with one after the other, which of the two contracts is valid?
The student: The first.
The Shaykh : The first one. If the contract was made with both of them, and he said: "I have married you to these two daughters of mine"?
The student: It is invalid.
The Shaykh : The contract is invalid.
The student: Yes.
The Shaykh : Yes, the contract is invalid, because it is not possible to annul one of them without the other. Now, what is the answer to the saying of the man of Madyan to Musa:[Al-Qasas 28:27]?
The student: There is no combination.
The Shaykh : There is no combination? Yes, there is no combination. He says: "one of them." But the issue of specification is raised against him, and we have answered it previously. We say: because Musa specified which one he wanted from them, so there is no problem in it. Good.
Then he said: And from Uthman (may Allah be pleased with him), hmm?
The student: The benefits.
The Shaykh : These are the benefits.
One should not combine a woman and her father's sister, nor a woman and her mother's sister in marriage.
لا يجمع بين المرأة وعمتها، ولا بين المرأة وخالتهاdoes not combine
لا يجمعDo we say in this case: that the wife's aunt is forbidden and the wife's maternal aunt is forbidden for the husband? Some scholars express it that way, saying: this is forbidden, but it is a prohibition for a limited time. However, the correct view is that she is not forbidden in herself; rather, the forbidden thing is the combination. We say this following the wording of the Qur'an and the Sunnah. In the Qur'an:
and that you take [in marriage] two sisters simultaneously
وأن تجمعوا بين الأختينOne should not combine a woman and her father's sister, nor a woman and her mother's sister in marriage.
لا يجمع بين المرأة وعمتها ولا بين المرأة وخالتهاIf someone asks: Is it the same for her sister through breastfeeding? Her aunt through breastfeeding? Her maternal aunt through breastfeeding?
The answer is: Yes, based on the saying of the Prophet (peace and blessings be upon him):
Breast-feeding makes unlawful (for marriages) the same things that blood tie make unlawful.
يحرم من الرضاع ما يحرم من النسبBreast-feeding makes unlawful (for marriages) the same things that blood tie make unlawful.
يحرم من الرضاع ما يحرم من النسبThe student: Yes.
The Shaykh : Is it permissible for a man to combine a man's wife and his daughter from another woman?
The student: It is permissible, yes.
The Shaykh : Yes, people?
The student: How does he marry the man's wife?
The Shaykh : Meaning after he died? The man died, and a person married his wife, and then married his daughter from another woman?
The student: Permissible.
The Shaykh : It is permissible.
The student: Yes.
The Shaykh : Yes, this is permissible, because the number of women between whom the combination is forbidden is how many? Only three. And anything other than that is not forbidden.
Now, is it permissible to combine a woman and her daughter from a man other than her husband? Meaning, a man died leaving a wife, then a person married her, and then combined her with her daughter from another man?
The student: This is not permissible.
The Shaykh : Why is it not permissible?
The student:
the mothers of your wives
وأمهات نسائكمThe Shaykh : Because she is the mother of his wife. And Allah the Exalted said regarding those who are forbidden forever:
the mothers of your wives
وأمهات نسائكمThe student: It is not permissible.
The Shaykh : It is not permissible.
The student: It is not permissible.
The Shaykh : Glory be to Allah!
The student: Because she is his mother.
The Shaykh : ... It is not permissible. Even if the voices were fewer at first, you say it is not permissible... But it was fewer. Yes, it is not permissible, there is no doubt, people. Because the daughter of the man from another woman is the mother of his wife. Is it permissible to marry the wife's mother?! Even if he divorced the daughter, if he divorced the daughter now, or if she died, it is not permissible to marry her mother, because they are mahram... forever.
Now, this that I mentioned is much better than the saying of the scholars, or some of the jurists: "Any two women, if one were made male and the other female, it would not be permissible to marry her because of blood relation or breastfeeding, not because of in-law relations" This phrase, meaning he says: any two women - do not write it down because it is difficult to understand even - "Any two women, if it were assumed that one is male and the other, it would not be permissible to marry her by blood relation or breastfeeding, not in-law relations"
The student: Correct.
The Shaykh : It is correct, but which is easier, and the Qur'anic and Prophetic wording? The Qur'anic and Prophetic wording is much better, because you say: the ones between whom the combination is forbidden are only three: the woman and her sister, the woman and her aunt, and the woman and her maternal aunt, and that is it.
So if a questioner asks you: Is it permissible to combine a person's wife and his daughter from another woman?
The student: Yes, it is permissible.
The Shaykh : You say: Yes.
You say: Yes, because the hadith does not include it. And from here we point out that it is incumbent upon us to preserve the legal terms in such issues. For example, among the common people, they call the father's wife what? A maternal aunt. Now, if you tell the common person: it is permissible to combine a man's daughter and his wife, the man's daughter from another woman, the man's daughter and his wife, they say: maternal aunt. How is it permissible? It is permissible between him and his maternal aunt.
The student: ...
The Shaykh : Yes, I say that words can actually change the meaning. For this reason, perhaps someone will say: the wife's father is a maternal uncle. Whoever speaks says this is a person who died leaving his maternal uncle and his paternal uncle. A problem. For this reason, the Messenger (peace and blessings be upon him) forbade calling the Isha prayer "al-Atamah," because this naming was for the Bedouins, and he said:
it is mentioned 'Isya' in the Book of Allah
إنها في كتاب الله العشاءThen the author (may Allah have mercy on him) said, now, "ba ya'jam" to the end of it.
Now, the hadith indicates the prohibition of combining a woman and her aunt, and a woman and her maternal aunt. And the correct view is that this includes breastfeeding, just as it does blood relation. Now, if the contract is made with one after the other, which of the two contracts is valid?
The student: The first.
The Shaykh : The first one. If the contract was made with both of them, and he said: "I have married you to these two daughters of mine"?
The student: It is invalid.
The Shaykh : The contract is invalid.
The student: Yes.
The Shaykh : Yes, the contract is invalid, because it is not possible to annul one of them without the other. Now, what is the answer to the saying of the man of Madyan to Musa:
Indeed, I wish to wed you one of these, my two daughters
إني أريد أن أنكحك إحدى ابنتي هاتينThe student: There is no combination.
The Shaykh : There is no combination? Yes, there is no combination. He says: "one of them." But the issue of specification is raised against him, and we have answered it previously. We say: because Musa specified which one he wanted from them, so there is no problem in it. Good.
Then he said: And from Uthman (may Allah be pleased with him), hmm?
The student: The benefits.
The Shaykh : These are the benefits.