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الفتح الربانی
Fath al-Rabbani
مسائل النكاحIssues of Marriage
بَابُ النَّهْي عَنِ الْجَمْعِ بَيْنَ الْمَرْأَةِ وَعَمَّيْهَا وَنَحْوِهَا مِنَ الْمَحَارِمِChapter: Prohibition of Combining a Woman with Her Paternal or Maternal Aunts and Similar Mahram Women
Hadith 6953
اُردوEn
عَنِ الْبَرَاءِ بْنِ عَازِبٍ رَضِيَ اللَّهُ عَنْهُ قَالَ: لَقِيتُ خَالِي وَمَعَهُ الرَّايَةُ فَقُلْتُ: أَيْنَ تُرِيدُ؟ قَالَ: بَعَثَنِي رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ إِلَى رَجُلٍ تَزَوَّجَ امْرَأَةَ أَبِيهِ مِنْ بَعْدِهِ أَنْ أَضْرِبَ عُنُقَهُ أَوْ أَقْتُلَهُ وَآخُذَ مَالَهُ.
Narrated from Sayyiduna Bara’ bin Azib (may Allah be pleased with him), he says: I met my maternal uncle in such a state that he had a flag with him. I asked: Where are you going? He said: The Noble Prophet (peace and blessings be upon him) has sent me to a man who, after his father’s death, has married his (father’s) wife. The Prophet (peace and blessings be upon him) has sent me so that I may strike his neck, or kill him, and seize his wealth.
Brief Explanation
Benefits: … Which women cannot be joined together in marriage to one man? The mention of two sisters is in the Noble Qur’an, as Allah the Exalted has said: {وَأَنْ تَجْمَعُوْا بَیْنَ الْأُخْتَیْنِ} … “(And it has been forbidden to you) that you join two sisters together (in marriage).” However, from the ahadith of this chapter, it is understood that an aunt (khala) and her niece, and a paternal aunt (phuuphi) and her niece, also cannot be joined together in one marriage contract. The same consideration will be given to foster (rada‘i) relationships.
From this discussion, it is established that the blessed ahadith are, in and of themselves, a proof (hujjah); there is no need to present them to the meaning of the Noble Qur’an. Reflect that Allah the Exalted, after prohibiting the joining of two sisters in one marriage, said: {وَأُحِلَّ لَکْمْ مَّا وَرَائَ ذٰلِکُمْ} … “And besides these, all other women are lawful for you.” (Surah al-Nisa: 24)
But the blessed ahadith have added (to this) the aunt and niece, the paternal aunt and niece, and foster (rada‘i) relationships.
The commentator of Abu Dawud, Allamah Sharf al-Haqq Azimabadi, said: Some groups among the Khawarij and the Shia, reasoning from {وَأُحِلَّ لَکْمْ مَّا وَرَائَ ذٰلِکُمْ}, have said that it is permissible to join a niece and paternal aunt, or an aunt and niece, in one marriage contract. However, the majority of the scholars have taken these ahadith as proof, and in their light, have specified (made takhsees) the generality of the Noble Qur’an, and have prohibited joining these two relationships in one marriage contract. The preferred view is that of the majority of the usulis: that the generality of the Noble Qur’an can be specified by a solitary report (khabar wahid), because the Messenger of Allah sallallahu alayhi wa sallam is the explainer of the revelation sent down to him. (Awn al-Ma‘bud: 1/970)
From this discussion, it is established that the blessed ahadith are, in and of themselves, a proof (hujjah); there is no need to present them to the meaning of the Noble Qur’an. Reflect that Allah the Exalted, after prohibiting the joining of two sisters in one marriage, said: {وَأُحِلَّ لَکْمْ مَّا وَرَائَ ذٰلِکُمْ} … “And besides these, all other women are lawful for you.” (Surah al-Nisa: 24)
But the blessed ahadith have added (to this) the aunt and niece, the paternal aunt and niece, and foster (rada‘i) relationships.
The commentator of Abu Dawud, Allamah Sharf al-Haqq Azimabadi, said: Some groups among the Khawarij and the Shia, reasoning from {وَأُحِلَّ لَکْمْ مَّا وَرَائَ ذٰلِکُمْ}, have said that it is permissible to join a niece and paternal aunt, or an aunt and niece, in one marriage contract. However, the majority of the scholars have taken these ahadith as proof, and in their light, have specified (made takhsees) the generality of the Noble Qur’an, and have prohibited joining these two relationships in one marriage contract. The preferred view is that of the majority of the usulis: that the generality of the Noble Qur’an can be specified by a solitary report (khabar wahid), because the Messenger of Allah sallallahu alayhi wa sallam is the explainer of the revelation sent down to him. (Awn al-Ma‘bud: 1/970)
