Transcript
PsZMMiH8pGA • Fiqh - Semester 4 - Lecture 27 | Shaykh Assim Al-Hakeem | Zad Academy English
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Language: en
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But fordul.
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Now there are women who are forbidden
for men to marry
and
this is easy to understand because when
you read the Quran, read the sunnah and
use your common sense and logic you will
find that this is totally acceptable.
First of all,
those who are prohibited
to get married to either the prohibition
is
for good and this is something permanent
or the prohibition is for something that
might
be removed and one can marry them later
on. So who are those prohibited to marry
for good? There are three categories.
One, blood related women. Two,
reasons related to suckling,
breastfeeding. Three, reasons related to
marriage.
So those who are permanently prohibited
to marry due to blood reasons
are the mothers. So your mother, your
grandmother, whether paternal or
maternal, no matter how high they go up,
is prohibited.
Daughters,
of course, this is in all religions. You
can't marry your daughter or your
granddaughter. sisters whether paternal,
maternal or uh uh fully your uh sister
u daughters of your brothers or your um
sisters. So your nieces
you cannot marry those at all. Uncle uh
aunts whether paternal or maternal
you cannot marry your aunt no matter
what. Of course one would in the west
say yeah aunts paternal maternal of are
prohibited and their daughters meaning
cousins. No cousins are totally
permissible to marry too. And the
evidence in the Quran
is clear prohibited to you for marriage
are your um mothers, your daughters,
your sisters, your father's u sisters,
your uh mother's sisters. These are the
aunts, your brother's daughters, and
your sister's daughters. And this is for
the nieces.
And anything else is per permissible
because Allah says and legal to you are
all others beyond this and this is
mentioned in surah anisa chapter 4
women. So this is why it was called
women because it lists a number of
things related to women. First category
blood relations. Second category of
prohibition of women to marry
relations through breastfeeding
and anyone related to you through
breastfeeding is exactly like the blood
relations.
So
when Allah says in the Quran
prohibited to you for marriage and Allah
lists all of this all of that and then
Allah says at the uh um list your milk
mothers who nursed you your sisters
through nursing. So this indicates that
the moment the mother nurses an
individual he becomes her son. Of course
if the conditions are fulfilled and all
those related to her become his blood
like prohibited relations. So this woman
now becomes his mother which means her
husband becomes his father which means
her parents becomes become the his
grandparents.
Her siblings become his uncles and
aunts.
Her children become his siblings and so
forth. And this is why the prophet
saysam
what becomes maharam that is forbidden
for marriage through breastfeeding is
that which becomes mahum through blood
ties. It's the same thing.
And the conditions that must be
fulfilled in order for this relationship
to become prohibited are two. Number
one, the suckling has to be before the
child reaches two years of age. If the
suckling took place
a day after
the child reached two years of age, the
suckling does not have an effect.
The second
condition is that the suckling should be
five
complete breastfeedings
and the scholars call this meals. So
when the child starts to suckle and to
feed out of hunger he may take 5 minutes
10 minutes. The moment the child leaves
the breast and stops suckling by itself
because it's full, this is a complete
meal and this is sufficient.
Thirdly,
the prohibition
of women to get married to through
marriage and that is through becoming
in-laws
and they are four women. The first one
is the mother-in-law.
So the wife's mother or her grandmother
and no matter how high it goes,
they are prohibited to marry. Allah says
in the Quran, your wives, mothers, when
he listed prohibited for you to marry.
So this is number one, your
mother-in-law. The moment you become
married, then this
woman, the mother-in-law becomes haram
for you. Just by the marriage contract,
even if the marriage was not
consummated,
it's done. You can't marry that woman.
She becomes like your mother. She's
mahum to you. You can be alone with her.
you can travel with her without any
problem. The second is
the daughter's law. If you married a
woman and she has a daughter, so this
stepdaughter of yours
or uh u the stepdaughter is not the
daughter-in-law. The stepdaughter of
yours,
the daughter of your wife whom you got
married to becomes maham to you but not
by the marriage contract like the
mother-in-law. No, your uh uh
stepdaughter
you have to consumate the marriage with
the mother in order for her daughter to
become maham.
But if you just married a woman and it's
on contract, you've never been alone
with her and then you divorced her,
there's no problem in marrying her
daughter. And this is very hypothetical,
but it can happen in some societies in
some cases. And Allah is the most wise
for allowing this to happen. Allah says
in the Quran, "And your stepdaughters
under your guardianship born of your
wives unto whom you have gone in,"
meaning consummated the marriage. But if
you have not gone in unto them, there is
no sin upon you. There's no problem in
marrying them.
And
the third one is the stepdaughter
or the step that is uh um daughter who
is
would it be called stepdaughter?
Let me check this a little bit. Um the
wives of his son the daughter-in-law
that is not the stepdaughter. I
apologize.
So the daughter-in-law, the wife of my
son,
this is a maham forever. The moment my
son marries a woman, she becomes my
daughter-in-law.
And I can never marry her. Even if my
son dies, if my son divorces her because
Allahel also says also prohibited to you
are the wives of your sons who are from
your own loins. They're your real uh uh
children.
Fourthly, the wives of the father.
So my stepmother
is someone I cannot marry for life.
Whomever my father marries, whether
she's my age, whether she is older,
whether this or that, this is not
permissible for me to marry because my
father married her. Allah says in the
Quran, "And do not marry those women
whom your fathers married except what
has already occurred and that is before
the prohibition was mentioned but and
this is forgiven but now this is not
permissible uh at all. Allah describes
this as saying indeed it was an
immorality
and a hateful act to Allah and was evil
as a way. All these descriptions of such
a marriage which means it is totally
prohibited and haram.
And the prophetat wasam ordered a man
who married his
stepmother
to be killed and executed for committing
such a heinous act as mentioned in the
hadith.
The second part
of women who are prohibited for us to
marry are those who are the prohibition
is temporary. It's not permanent.
And the first type of such prohibition
is prohibition of combining between two
women specific women. So for example,
number one, a man cannot marry two
sisters whether half or full. This is
prohibited in Islam because Allah
mentioned this in the Quran and that you
take uh in marriage two sisters
simultaneously.
To have both
sisters at the same time married to the
same man is invalid.
Yes. If the first sister dies or is
divorced, then afterwards the man can
marry her sister without a problem. This
happens a lot when a person finds that
his sister-in-law
when his brother is dead and his
sister-in-law is a widow, she has
children, he marries her. There's no
problem in that. or when his own, let me
rephrase that. When his own wife dies
and he has children, then he marries her
sister. That's fine. But to marry them
both is not permissible. Also, likewise,
to marry a woman and her maternal
paternal aunt, this is prohibited.
It may cause
division in the family, hatred and
enmity between the kinship.
This is one of the reasons but Allah
knows the best for other reasons that we
don't know of. We should adhere and um
obey. The prophet prohibited this in an
authentic hadith. Likewise to combine
between
more than four women.
Allahel says and marry those that please
you of other women two or three or four.
Which means that this is the max and the
consensus of scholars of Islam that a
person cannot marry more than four women
at a time.
The second type of temporary
prohibition.
So the first type is to combine between
that those who are not permissible to
combine between. The second temporary
prohibition is for a reason
that is there but can be removed.
Such as a woman who is on her.
So
she was married to a man and the man
divorced her. First or second divorce
and she has a waiting period of three
monthly cycles.
As she was in her father's house, I want
to propose and marry her and she's fined
with that
and we make the marriage contract. This
is an invalid marriage. Why? because
there is an obstacle. Her EDA is
ongoing. She has to wait for three
monthly cycles. Allahel says in the
Quran, "And do not determine
to undertake a marriage contract until
the decreed period
uh uh is over. So the decreed period of
waiting period between the divorce and
being set free for good is over. You
have to wait. You cannot just simply
jump the gun and marry her. Likewise,
the second
uh uh type is a woman who is a
fornicator.
You cannot marry someone who is a
well-known fornicator,
someone who is a prostitute
because this is not permissible. Allah
says the fornicator does not marry
except a female fornicator or apist
and a man marries
her except a fornicator or apolist. So
even the a nun marries a man cannot
marry someone of such a character
because this is unlawful for the
believers.
A man does not marry someone who's well
known to be a fornicator and a Muslim
woman does not marry someone who's a
playboy and a well-known fornicator.
This is haram
unless they repent
and they complete the woman complete
her.
So if I want to marry someone known to
be or was known to be a prostitute or a
fornicator, she reverted to Islam, she
became a practicing Muslim, that's fine.
Providing that she repents and she
awaits to
the period and completes it, then we can
uh get married inshallah.
Thirdly,
someone who was divorced three times.
We know that divorce is twice and there
is room for reconciliation and revoking
the the divorces. But if the third time
takes place, this is final and this
cannot be um revoked. Allah says divorce
is twice. So if this happens for the
third time, what is the solution for
that? Allahel says that they cannot go
back together after the third divorce
until she marries someone else, another
man in a legitimate marriage. And after
this marriage is done
and they live together in a legitimate
marriage without the intention of going
back to the previous husband, the ex and
then divorce happens for one reason or
the other. Then they can get married uh
uh or remarry her again.
And finally the last category is someone
who is in the state ofam. If there's a
woman in the state ofam it is prohibited
to engage to propose to get married to
as per the hadith of the prophetatam.
the mushroom the the pilgrim in should
not get married or have a marriage uh
arranged for him or proposing marriage
after the state ofam there is no problem
in that and finally the consensus of all
Muslim scholars
and anyone who goes against this would
be an apostate
it is a well-known fact that a Muslim
woman can never marry anyone who is not
Muslim. So any woman who's claiming to
be a Muslim, if she marries a
non-Muslim, she that marriage is not
valid because Allahawel says in the
Quran, "And do not marry polytheistic
men uh uh to your own women un
uh until they believe." So if they do
not revert to Islam, such a marriage is
invalid. Anyone approving of it or
saying that it's a valid marriage, they
would be committing apostasy.
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to
speech. Foreign
speech. Foreign speech. Foreign speech.
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