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Ayah
Word by Word
وَكَيۡفَ
And how
تَأۡخُذُونَهُۥ
could you take it
وَقَدۡ
when surely
أَفۡضَىٰ
has gone
بَعۡضُكُمۡ
one of you
إِلَىٰ
to
بَعۡضٖ
another
وَأَخَذۡنَ
and they have taken
مِنكُم
from you
مِّيثَٰقًا
covenant
غَلِيظٗا
strong
وَكَيۡفَ
And how
تَأۡخُذُونَهُۥ
could you take it
وَقَدۡ
when surely
أَفۡضَىٰ
has gone
بَعۡضُكُمۡ
one of you
إِلَىٰ
to
بَعۡضٖ
another
وَأَخَذۡنَ
and they have taken
مِنكُم
from you
مِّيثَٰقًا
covenant
غَلِيظٗا
strong
Translation
And how could ye take it when ye have gone in unto each other, and they have Taken from you a solemn covenant?
Tafsir
How shall you take it, that is, by what right, when each of you has been privily with the other, through sexual intercourse, which validates the dowry, and they have taken from you a solemn covenant, a binding pledge, and that is what God commanded, namely, that they should be retained honourably or set free virtuously.
"Meaning of `Inheriting Women Against Their Will
Allah says;
يَا أَيُّهَا الَّذِينَ امَنُواۡ لَا يَحِلُّ لَكُمۡ أَن تَرِثُواۡ النِّسَاء كَرۡهًا
O you who believe! You are not permitted to inherit women against their will,
Al-Bukhari recorded that Ibn Abbas said about the Ayah,
""Before, the practice was that when a man dies, his male relatives used to have the right to do whatever they wanted with his wife. If one of them wants, he would marry her, give her in marriage, or prevent her from marriage, for they had more right to her than her own family. Thereafter, this Ayah was revealed about this practice,
يَا أَيُّهَا الَّذِينَ امَنُواۡ لَا يَحِلُّ لَكُمۡ أَن تَرِثُواۡ النِّسَاء كَرۡهًا
(O you who believe! You are not permitted to inherit women against their will).""
Women Should not Be Treated with Harshness
Allah said,
وَلَا تَعۡضُلُوهُنَّ لِتَذۡهَبُواۡ بِبَعۡضِ مَا اتَيۡتُمُوهُنَّ
nor to prevent them from marriage, in order to take part of what you have given them,
Allah commands:Do not treat the woman harshly so that she gives back all or part of the dowry that she was given, or forfeits one of her rights by means of coercion and oppression.
Allah's statement,
إِلاَّ أَن يَأۡتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ
unless they commit open Fahishah.
Ibn Mas`ud, Ibn Abbas, Sa`id bin Al-Musayyib, Ash-Sha`bi, Al-Hasan Al-Basri, Muhammad bin Sirin, Sa`id bin Jubayr, Mujahid, Ikrimah, Ata Al-Khurasani, Ad-Dahhak, Abu Qilabah, Abu Salih, As-Suddi, Zayd bin Aslam and Sa`id bin Abi Hilal said that;
this refers to illicit sex.
Meaning that if the wife commits adultery, you are allowed to take back the dowry you gave her. You are also allowed to annoy her, until she gives back the dowry in return for a Khula.
In Surah Al-Baqarah, Allah said,
وَلَا يَحِلُّ لَكُمۡ أَن تَأۡخُذُواۡ مِمَّأ ءَاتَيۡتُمُوهُنَّ شَيۡيًا إِلاَّ أَن يَخَافَأ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ
And it is not lawful for you (men) to take back (from your wives) any of what you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah. (2:229)
Ibn Abbas, Ikrimah and Ad-Dahhak said that;
Fahishah refers to disobedience and defiance.
Ibn Jarir chose the view that;
it is general, encompasses all these meanings, adultery, disobedience, defiance, rudeness, and so forth.
Meaning that he is allowed to annoy his wife when she does any of these acts until she forfeits all or part of her rights and he then separates from her, and this (view) is good, and Allah knows best.
Live With Women Honorably
Allah said,
وَعَاشِرُوهُنَّ بِالۡمَعۡرُوفِ
And live with them honorably,
by saying kind words to them, treating them kindly and making your appearance appealing for them, as much as you can, just as you like the same from them.
Allah said in another Ayah,
وَلَهُنَّ مِثۡلُ الَّذِى عَلَيۡهِنَّ بِالۡمَعۡرُوفِ
And they have rights similar over them to what is reasonable. (2:228)
The Messenger of Allah said,
خَيۡرُكُمۡ خَيۡرُكُمۡ لاَِهۡلِهِ وَأَنَا خَيۡرُكُمۡ لاَِهۡلِي
The best among you is he who is the best with his family. Verily, I am the best one among you with my family.
It was the practice of the Messenger of Allah to be kind, cheerful, playful with his wives, compassionate, spending on them and laughing with them. The Messenger used to race with Aishah, the Mother of the Faithful, as a means of kindness to her.
Aishah said, ""The Messenger of Allah raced with me and I won the race. This occurred before I gained weight, and afterwards I raced with him again, and he won that race. He said,
هذِهِ بِتِلۡك
This (victory) is for that (victory).""
When the Prophet was at the home of one of his wives, sometimes all of his wives would meet there and eat together, and they would then go back to their homes. He and his wife would sleep in the same bed, he would remove his upper garment, sleeping in only his lower garment. The Prophet used to talk to the wife whose night it was, after praying Isha' and before he went to sleep.
Allah said,
لَّقَدۡ كَانَ لَكُمۡ فِى رَسُولِ اللَّهِ أُسۡوَةٌ حَسَنَةٌ
Indeed in the Messenger of Allah you have a good example to follow. (33:21)
Allah said,
فَإِن كَرِهۡتُمُوهُنَّ فَعَسَى أَن تَكۡرَهُواۡ شَيۡيًا وَيَجۡعَلَ اللّهُ فِيهِ خَيۡرًا كَثِيرًا
If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good.
Allah says that your patience, which is demonstrated by keeping wives whom you dislike, carries good rewards for you in this life and the Hereafter.
Ibn Abbas commented on this Ayah,
""That the husband may feel compassion towards his wife and Allah gives him a child with her, and this child carries tremendous goodness.""
An authentic Hadith states,
لَاا يَفۡرَكۡ مُوۡمِنٌ مُوۡمِنَةً إِنۡ سَخِطَ مِنۡهَا خُلُقًا رَضِيَ مِنۡهَا اخَر
No believing man should hate his believing wife. If he dislikes a part of her conduct, he would surely like another.
The Prohibition of Taking Back the Dowry
Allah said,
وَإِنۡ أَرَدتُّمُ اسۡتِبۡدَالَ زَوۡجٍ مَّكَانَ زَوۡجٍ وَاتَيۡتُمۡ إِحۡدَاهُنَّ قِنطَارًا فَلَ تَأۡخُذُواۡ مِنۡهُ شَيۡيًا أَتَأۡخُذُونَهُ بُهۡتَاناً وَإِثۡماً مُّبِيناً
But if you intend to replace a wife by another and you have given one of them a Qintar, take not the least bit of it back; would you take it wrongfully without a right and (with) a manifest sin.
The Ayah commands:
When one of you wants to divorce a wife and marry another one, he must not take any portion of the dowry he gave to the first wife, even if it were a Qintar of money.
We mentioned the meaning of Qintar in the Tafsir of Surah Al Imran.
This Ayah is clear in its indication that the dowry could be substantial.
Umar bin Al-Khattab used to discourage giving a large dowry, but later on changed his view.
Imam Ahmad recorded that Abu Al-Ajfa As-Sulami said that he heard Umar bin Al-Khattab saying,
""Do not exaggerate with the dowry of women, had this practice been an honor in this world or a part of Taqwa, then the Prophet would have had more right to practice it than you. The Messenger of Allah never gave any of his wives, nor did any of his daughters receive a dowry more than twelve Uwqiyah.
A man used to pay a substantial dowry and thus conceal enmity towards his wife!""
Ahmad and the collectors of Sunan collected this Hadith through various chains of narration, and At-Tirmidhi said, ""Hasan Sahih"".
Al-Hafiz Abu Ya`la recorded that Masruq said,
""Umar bin Al-Khattab stood up on the Minbar of the Messenger of Allah and said,
`O people! Why do you exaggerate concerning the dowry given to women! The Messenger of Allah and his Companions used to pay up to four hundred Dirhams for a dowry, or less than that. Had paying more for a dowry been a part of Taqwa or an honor, you would not have led them in this practice. Therefore, I do not want to hear about a man who pays more than four hundred Dirhams for a dowry.'
He then went down the Minbar, but a woman from Quraysh said to him, `O Leader of the Faithful! You prohibited people from paying more than four hundred Dirhams in a dowry for women!'
He said, `Yes.'
She said, `Have you not heard what Allah sent down in the Qur'an?'
He said, `Which part of it?'
She said, `Have you not heard Allah's statement,
وَاتَيۡتُمۡ إِحۡدَاهُنَّ قِنطَارًا
(And you have given one of them a Qintar).'
He said, `O Allah! Forgive me...'
He then went back and stood up on the Minbar saying, `I had prohibited you from paying more than four hundred Dirhams in a dowry for women. So, let everyone pay what he likes from his money.""'
The chain of narration for this Hadith is strong.
Allah said
وَكَيۡفَ تَأۡخُذُونَهُ وَقَدۡ أَفۡضَى بَعۡضُكُمۡ إِلَى بَعۡضٍ
And how could you take it (back) while you have gone in unto each other!
how can you take back the dowry from the woman with whom you had sexual relations and she had sexual relations with you!
Ibn Abbas, Mujahid, As-Suddi and several others said that;
this means sexual intercourse.
وَأَخَذۡنَ مِنكُم مِّيثَاقًا غَلِيظًا
and they have taken from you a firm and strong covenant!
The Two Sahihs record that;
the Messenger of Allah said three times to the spouses who said the Mula`anah;
اللهُ يَعۡلَمُ أَنَّ أَحَدَكُمَا كَاذِبٌ فَهَلۡ مِنۡكُمَا تَايِبٌ
Allah knows that one of you is a liar, so would any of you repent?
The man said, ""O Messenger of Allah! My money,"" referring to the dowry that he gave his wife.
The Messenger said,
لَاا مَالَ لَكَ إِنۡ كُنۡتَ صَدَقۡتَ عَلَيۡهَا فَهُوَ بِمَا اسۡتَحۡلَلۡتَ مِنۡ فَرۡجِهَا وَإِنۡ كُنۡتَ كَذَبۡتَ عَلَيۡهَا فَهُوَ أَبۡعَدُ لَكَ مِنۡهَا
You have no money. If you are the one who said the truth, the dowry is in return for the right to have sexual intercourse with her. If you are the one who uttered the lie, then this money is even farther from your reach.
Similarly Allah said;
وَكَيۡفَ تَأۡخُذُونَهُ وَقَدۡ أَفۡضَى بَعۡضُكُمۡ إِلَى بَعۡضٍ وَأَخَذۡنَ مِنكُم مِّيثَاقًا غَلِيظًا
And how could you take it (back) while you have gone in unto each other and they have taken from you a firm and strong covenant) (Be kind with women, for you have taken them by Allah's covenant and earned the right to have sexual relations with them by Allah's Word.
Marrying the Wife of the Father is Prohibited
Allah said
وَلَا تَنكِحُواۡ مَا نَكَحَ ابَاوُكُم مِّنَ النِّسَاء
And marry not women whom your fathers married,
Allah prohibits marrying the women whom the father married, in honor and respect to the fathers, not allowing their children to have sexual relations with their wives after they die.
A woman becomes ineligible for the son of her husband as soon as the marriage contract is conducted, and there is a consensus on this ruling.
Ibn Jarir recorded that Ibn Abbas said,
""During the time of Jahiliyyah, the people used to prohibit what Allah prohibits (concerning marriage), except marrying the stepmother and taking two sisters as rival wives. Allah sent down,
وَلَا تَنكِحُواۡ مَا نَكَحَ ابَاوُكُم مِّنَ النِّسَاء
(And marry not women whom your fathers married), and,
وَأَن تَجۡمَعُواۡ بَيۡنَ الاُخۡتَيۡنِ
(and two sisters in wedlock at the same time)."" (4:23)
Similar was reported from Ata and Qatadah.
Therefore, the practice that the Ayah mentions is prohibited for this Ummah, being disgraced as an awful sin.
إِلاَّ مَا قَدۡ سَلَفَ
except what has already passed;
إِنَّهُ كَانَ فَاحِشَةً وَمَقۡتًا وَسَاء سَبِيلً
Indeed it was shameful and Maqtan, and an evil way.)
Allah said in other Ayat,
وَلَا تَقۡرَبُواۡ الۡفَوَحِشَ مَا ظَهَرَ مِنۡهَا وَمَا بَطَنَ
Come not near to Al-Fawahish (shameful acts) whether committed openly or secretly. (6:151)
and,
وَلَا تَقۡرَبُواۡ الزِّنَى إِنَّهُ كَانَ فَاحِشَةً وَسَأءَ سَبِيلً
And come not near to unlawful sex. Verily, it is a Fahishah and an evil way. (17:32)
In this Ayah (4:22), Allah added,
وَمَقۡتًا
(and Maqtan),
meaning, offensive.
It is a sin itself and causes the son to hate his father after he marries his wife.
It is usual that whoever marries a woman dislikes those who married her before him.
This is one reason why the Mothers of the Faithful were not allowed for anyone in marriage after the Messenger. They are indeed the Mothers of the Faithful since they married the Messenger, who is like the father to the believers. Rather, the Prophet's right is far greater than the right of a father, and his love comes before each person loving himself, may Allah's peace and blessings be on him.
Ata' bin Abi Rabah said that the Ayah,
وَمَقۡتًا
(and Maqtan),
means, Allah will hate him,
وَسَاء سَبِيلً
and an evil way,
for those who take this way.
Therefore, those who commit this practice will have committed an act of reversion from the religion and deserve capital punishment and confiscation of their property, which will be given to the Muslim Treasury.
Imam Ahmad and the collectors of Sunan recorded that Al-Bara' bin Azib said that;
his uncle Abu Burdah was sent by the Messenger of Allah to a man who married his stepmother to execute him and confiscate his money.
Degrees of Women Never Eligible for One to Marry
Allah said
حُرِّمَتۡ عَلَيۡكُمۡ أُمَّهَاتُكُمۡ وَبَنَاتُكُمۡ وَأَخَوَاتُكُمۡ وَعَمَّاتُكُمۡ وَخَالَاتُكُمۡ وَبَنَاتُ الَاخِ وَبَنَاتُ الاُخۡتِ
Forbidden to you (for marriage) are:
your mothers,
your daughters,
your sisters,
your father's sisters,
your mother's sisters,
your brother's daughters,
your sister's daughters,
This honorable Ayah is the Ayah that establishes the degrees of women relatives who are never eligible for one to marry, because of blood relations, relations established by suckling or marriage.
Ibn Abi Hatim recorded that Ibn Abbas said,
""(Allah said) I have prohibited for you seven types of relatives by blood and seven by marriage.""
Ibn Abbas then recited the Ayah,
حُرِّمَتۡ عَلَيۡكُمۡ أُمَّهَاتُكُمۡ وَبَنَاتُكُمۡ وَأَخَوَاتُكُمۡ
(Forbidden to you (for marriage) are:your mothers, your daughters, your sisters...).
At-Tabari recorded that Ibn Abbas said,
""Seven degrees of blood relation and seven degrees of marriage relation are prohibited (for marriage)."" He then recited the Ayah,
حُرِّمَتۡ عَلَيۡكُمۡ أُمَّهَاتُكُمۡ وَبَنَاتُكُمۡ وَأَخَوَاتُكُمۡ وَعَمَّاتُكُمۡ وَخَالَاتُكُمۡ وَبَنَاتُ الَاخِ وَبَنَاتُ الاُخۡتِ
Forbidden to you (for marriage) are:
your mothers,
your daughters,
your sisters,
your father's sisters,
your mother's sisters,
your brother's daughters,
your sister's daughters
and these are the types prohibited by blood relation.""
Allah's statement,
وَأُمَّهَاتُكُمُ اللَّتِي أَرۡضَعۡنَكُمۡ وَأَخَوَاتُكُم مِّنَ الرَّضَاعَةِ
Your foster mothers who suckled you, your foster milk suckling sisters,
means, just as your mother who bore you is prohibited for you in marriage, so is your mother from suckling prohibited for you.
Al-Bukhari and Muslim recorded that Aishah, the Mother of the Faithful, said that the Messenger of Allah said,
إِنَّ الرَّضَاعَةَ تُحَرِّمُ مَا تُحَرِّمُ الۡوِلَادَة
Suckling prohibits what birth prohibits.
In another narration reported by Muslim,
يَحۡرُمُ مِنَ الرَّضَاعَةِ مَا يَحۡرُمُ مِنَ النَّسَب
Suckling establishes prohibited degrees just as blood does.
`Suckling' that Establishes Prohibition for Marriage
Less than five incidents of suckling will not establish prohibition for marriage.
In his Sahih, Muslim recorded that A'ishah said,
""Among the parts of the Qur'an that were revealed, is the statement, `Ten incidents of suckling establishes the prohibition (concerning marriage).'
It was later abrogated with five, and the Messenger of Allah died while this statement was still recited as part of the Qur'an.""'
A Hadith that Sahlah bint Suhayl narrated states,
""the Messenger of Allah ordered her to suckle Salim the freed slave of Abu Hudhayfah with five.""
We should assert that the suckling mentioned here must occur before the age of two, as we stated when we explained the Ayah in Surah Al-Baqarah,
يُرۡضِعۡنَ أَوۡلَـدَهُنَّ حَوۡلَيۡنِ كَامِلَيۡنِ لِمَنۡ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَ
(The mothers) should suckle their children for two whole years, (that is) for those (parents) who desire to complete the term of suckling. (2:233)
The Mother-in-Law and Stepdaughter are Prohibited in Marriage
Allah said next,
وَأُمَّهَاتُ نِسَأيِكُمۡ وَرَبَايِبُكُمُ اللَّتِي فِي حُجُورِكُم مِّن نِّسَأيِكُمُ اللَّتِي دَخَلۡتُم بِهِنَّ فَإِن لَّمۡ تَكُونُواۡ دَخَلۡتُم بِهِنَّ فَلَ جُنَاحَ عَلَيۡكُمۡ
Your wives' mothers, your stepdaughters under your guardianship, born of your wives unto whom you have gone in - but there is no sin on you if you have not gone in unto them,
As for the mother of the wife, she becomes prohibited for marriage for her son-in-law when the marriage is conducted, whether the son-in-law has sexual relations with her daughter or not.
As for the wife's daughter, she becomes prohibited for her stepfather when he has sexual relations with her mother, after the marriage contract is ratified. If the man divorces the mother before having sexual relations with her, he is allowed to marry her daughter. So Allah said;
وَرَبَايِبُكُمُ اللَّتِي فِي حُجُورِكُم مِّن نِّسَأيِكُمُ اللَّتِي دَخَلۡتُم بِهِنَّ فَإِن لَّمۡ تَكُونُواۡ دَخَلۡتُم بِهِنَّ فَلَ جُنَاحَ عَلَيۡكُم
(Your stepdaughters under your guardianship, born of your wives unto whom you have gone in -- but there is no sin on you if you have not gone in unto them), to marry the stepdaughter.
The Stepdaughter is Prohibited in Marriage Even if She Was Not Under the Guardianship of Her Stepfather
Allah said,
وَرَبَايِبُكُمُ اللَّتِي فِي حُجُورِكُم
your stepdaughters under your guardianship,
The majority of scholars state that the stepdaughter is prohibited in marriage for her stepfather (who consummated his marriage to her mother) whether she was under his guardianship or not.
The Two Sahih recorded that Umm Habibah said,
""O Messenger of Allah! Marry my sister, the daughter of Abu Sufyan (and in one narration `Azzah bint Abu Sufyan).""
He said,
أَوَ تُحِبِّينَ ذلِك
""Do you like that I do that?""
She said, ""I would not give you up for anything, but the best of whom I like to share with me in that which is righteously good, is my sister.""
فَإِنَّ ذلِكِ لَاإ يَحِلُّ لِي
He said, ""That is not allowed for me.""
She said, ""We were told that you want to marry the daughter of Abu Salamah.""
بِنۡتَ أُمِّ سَلَمَة
He asked, ""The daughter of Umm Salamah""
She said, ""Yes.""
إِنَّهَا لَوۡ لَمۡ تَكُنۡ رَبِيبَتِي فِي حِجۡرِي مَا حَلَّتۡ لِي إِنَّهَا لَبِنۡتُ أَخِي مِنَ الرَّضَاعَةِ أَرۡضَعَتۡنِي وَأَبَا سَلَمَةَ ثُوَيۡبَةُ فَلَ تَعۡرِضۡنَ عَلَيَّ بَنَاتِكُنَّ وَلَا أَخَوَاتِكُن
He said, ""Even if she was not my stepdaughter and under my guardianship, she is still not allowed for me because she is my niece from suckling, for Thuwaybah suckled me and Abu Salamah. Therefore, do not offer me to marry your daughters or sisters.""
In another narration from Al-Bukhari,
إِنِّي لَوۡ لَمۡ أَتَزَوَّجۡ أُمَّ سَلَمَةَ مَا حَلَّتۡ لِي
Had I not married Umm Salamah, her daughter would not have been allowed for me anyway.
Consequently, the Messenger stated that his marriage to Umm Salamah was the real reason behind that prohibition.
Meaning of `gone in unto them
The Ayah continues,
اللَّتِي دَخَلۡتُم بِهِنَّ
Your wives unto whom you have gone in,
According to Ibn Abbas and several others,
meaning, had sexual relations with them.
Prohibiting the Daughter-in-Law for Marriage
Allah said,
وَحَلَيِلُ أَبۡنَايِكُمُ الَّذِينَ مِنۡ أَصۡلَبِكُمۡ
The wives of your sons who (spring) from your own loins,
Therefore, you are prohibited to marry the wives of your own sons, but not the wives of your adopted sons, as adoption was common practice in Jahiliyyah.
Allah said,
فَلَمَّا قَضَى زَيۡدٌ مِّنۡهَا وَطَراً زَوَّجۡنَـكَهَا لِكَىۡ لَا يَكُونَ عَلَى الۡمُوۡمِنِينَ حَرَجٌ فِى أَزۡوَاجِ أَدۡعِيَأيِهِمۡ
So when Zayd had accomplished his desire from her (i.e. divorced her), We gave her to you in marriage, so that (in future) there may be no difficulty to the believers in respect of (the marriage of) the wives of their adopted sons when the latter have no desire to keep them (i.e. they had divorced them). (33:37)
Ibn Jurayj said,
""I asked Ata about Allah's statement,
وَحَلَيِلُ أَبۡنَايِكُمُ الَّذِينَ مِنۡ أَصۡلَبِكُمۡ
(The wives of your sons who (spring) from your own loins),
He said, `We were told that when the Prophet married the ex-wife of Zayd (who was the Prophet's adopted son before Islam prohibited this practice), the idolators in Makkah criticized him. Allah sent down the Ayat:
وَحَلَـيِلُ أَبۡنَأيِكُمُ الَّذِينَ مِنۡ أَصۡلَـبِكُمۡ
The wives of your sons who (spring) from your own loins,
وَمَا جَعَلَ أَدۡعِيَأءَكُمۡ أَبۡنَأءَكُمۡ
nor has He made your adopted sons your real sons. (33:4)
and,
مَّا كَانَ مُحَمَّدٌ أَبَأ أَحَدٍ مّن رِّجَالِكُمۡ
Muhammad is not the father of any of your men. (33:40)""'
Ibn Abi Hatim recorded that Al-Hasan bin Muhammad said,
""These Ayat are encompassing,
وَحَلَيِلُ أَبۡنَايِكُمُ
(the wives of your sons), and
وَأُمَّهَاتُ نِسَأيِكُمۡ
(your wives' mothers).
This is also the explanation of Tawus, Ibrahim, Az-Zuhri and Makhul.
It means that these two Ayat encompass these types of women, whether the marriage was consummated or not, and there is a consensus on this ruling.
A Doubt and Rebuttal
Why is the wife of one's son from suckling prohibited for him for marriage - that is, if she is no longer married to his son from suckling - as the majority of scholars state, although they are not related by blood!
The answer is the Prophet's statement,
يَحۡرُمُ مِنَ الرَّضَاعِ مَا يَحۡرُمُ مِنَ النَّسَب
Suckling prohibits what blood relations prohibit.
The Prohibition of Taking Two Sisters as Rival Wives
Allah said,
وَأَن تَجۡمَعُواۡ بَيۡنَ الاُخۡتَيۡنِ إَلاَّ مَا قَدۡ سَلَفَ
and two sisters in wedlock at the same time, except for what has already passed;
The Ayah commands:you are prohibited to take two sisters as rival wives, or rival female-servants, except for what had happened to you during the time of Jahiliyyah, which We have forgiven and erased. Therefore, no one is allowed to take or keep two sisters as rival wives, according to the consensus of the scholars of the Companions, their followers, and the Imams of old and present.
They all stated that taking two sisters as rival wives is prohibited, and that whoever embraces Islam while married to two sisters at the same time is given the choice to keep one of them and divorce the other.
Imam Ahmad recorded that Ad-Dahhak bin Fayruz said that his father said,
""I embraced Islam while married to two sisters at the same time and the Prophet commanded me to divorce one of them.""
إِنَّ اللّهَ كَانَ غَفُورًا رَّحِيمًا
verily, Allah is Oft- Forgiving, Most Merciful.
Forbidding Women Already Married, Except for Female Slaves
Allah said,
وَالۡمُحۡصَنَاتُ مِنَ النِّسَاء إِلاَّ مَا مَلَكَتۡ أَيۡمَانُكُمۡ
Also (forbidden are) women already married, except those whom your right hands possess.
The Ayah means, you are prohibited from marrying women who are already married,
إِلاَّ مَا مَلَكَتۡ أَيۡمَانُكُمۡ
(except those whom your right hands possess) except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant.
Imam Ahmad recorded that Abu Sa`id Al-Khudri said,
""We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah was revealed,
وَالۡمُحۡصَنَاتُ مِنَ النِّسَاء إِلاَّ مَا مَلَكَتۡ أَيۡمَانُكُمۡ
(Also (forbidden are) women already married, except those whom your right hands possess). Consequently, we had sexual relations with these women.""
This is the wording collected by At-Tirmidhi An-Nasa'i, Ibn Jarir and Muslim in his Sahih.
Allah's statement,
كِتَابَ اللّهِ عَلَيۡكُمۡ
Thus has Allah ordained for you.
means, this prohibition was ordained for you by Allah. Therefore, adhere to Allah's Book, do not transgress His set limits, and adhere to His legislation and decrees.
The Permission to Marry All Other Women
Allah said,
وَأُحِلَّ لَكُم مَّا وَرَاءَ ذَلِكُمۡ
All others are lawful,
meaning, you are allowed to marry women other than the prohibited types mentioned here, as Ata and others have stated.
Allah's statement,
أَن تَبۡتَغُواۡ بِأَمۡوَالِكُم مُّحۡصِنِينَ غَيۡرَ مُسَافِحِينَ
provided you seek them (with a dowry) from your property, desiring chastity, not fornication,
meaning, you are allowed to use your money to marry up to four wives and for (the purchase of) as many female slaves as you like, all through legal means,
مُّحۡصِنِينَ غَيۡرَ مُسَافِحِينَ
((desiring) chastity, not fornication).
Allah's statement,
فَمَا اسۡتَمۡتَعۡتُم بِهِ مِنۡهُنَّ فَأتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً
So with those among them whom you have enjoyed, give them their required due,
means, to enjoy them sexually, surrender to them their rightful dowry as compensation.
In other Ayat, Allah said,
وَكَيۡفَ تَأۡخُذُونَهُ وَقَدۡ أَفۡضَى بَعۡضُكُمۡ إِلَى بَعۡضٍ
And how could you take it (back) while you have gone in unto each other, (4:21)
وَاتُواۡ النَّسَاء صَدُقَاتِهِنَّ نِحۡلَةً
And give to the women (whom you marry) their dowry with a good heart, (4:4)
and,
وَلَا يَحِلُّ لَكُمۡ أَن تَأۡخُذُواۡ مِمَّأ ءَاتَيۡتُمُوهُنَّ شَيۡيًا
And it is not lawful for you (men) to take back (from your wives) any of what (dowry) you gave them. (2:229)
Prohibiting the Mut`ah of Marriage
Mujahid stated that,
فَمَا اسۡتَمۡتَعۡتُم بِهِ مِنۡهُنَّ فَأتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً
(So with those among them whom you have enjoyed, give them their required due) was revealed about the Mut`ah marriage.
A Mut`ah marriage is a marriage that ends upon a predetermined date.
In the Two Sahihs, it is recorded that the Leader of the Faithful Ali bin Abi Talib said,
""The Messenger of Allah prohibited Mut`ah marriage and eating the meat of domesticated donkeys on the day of Khyber (battle).""
In addition, in his Sahih, Muslim recorded that Ar-Rabi bin Sabrah bin Ma`bad Al-Juhani said that his father said that;
he accompanied the Messenger of Allah during the conquest of Makkah, and that the Prophet said,
يَا أَيُّهَا النَّاسُ إِنِّي كُنۡتُ أَذِنۡتُ لَكُمۡ فِي الاسۡتِمۡتَاعِ مِنَ النِّسَاءِ وَإنَّ اللهَ قَدۡ حَرَّمَ ذَلِكَ إِلى يَوۡمِ الۡقِيَامَةِ فَمَنۡ كَانَ عِنَدَهُ مِنۡهُنَّ شَيۡءٌ فَلۡيُخَلِّ سَبِيلَهُ وَلَاا تَأۡخُذُوا مِمَّا اتَيۡتُمُوهُنَّ شييًا
O people! I allowed you the Mut`ah marriage with women before. Now, Allah has prohibited it until the Day of Resurrection. Therefore, anyone who has any women in Mut`ah, let him let them go, and do not take anything from what you have given them.
Allah's statement,
وَلَا جُنَاحَ عَلَيۡكُمۡ فِيمَا تَرَاضَيۡتُم بِهِ مِن بَعۡدِ الۡفَرِيضَةِ
but if you agree mutually (to give more) after the requirement (has been determined), there is no sin on you.
is similar to His other statement,
وَءَاتُواۡ النِّسَأءَ صَدُقَـتِهِنَّ نِحۡلَةً
And give to the women their dowry with a good heart. (4:4)
The meaning of these Ayat is:
If you have stipulated a dowry for her, and she later forfeits it, either totally or partially, then this bears no harm on you or her in this case.
Ibn Jarir said,
""Al-Hadrami said that some men would designate a certain dowry, but then fall into financial difficulties. Therefore, Allah said that there is no harm on you, O people, concerning your mutual agreement after the requirement (has been determined).""
meaning, if she gives up part of the dowry, then you men are allowed to accept that.
Allah's statement,
إِنَّ اللّهَ كَانَ عَلِيمًا حَكِيمًا
Surely, Allah is Ever All-Knowing, All-Wise.
is suitable here, after Allah mentioned these prohibitions."
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