صحيح البخاري
Bukhari
كتاب النكاحThe Book of (The Wedlock)
بَابُ مَا يَحِلُّ مِنَ النِّسَاءِ وَمَا يَحْرُمُ:Chapter. What women are lawful for one to marry and what are unlawful.
Hadith 5105
اُردوEn
وَقَوْلِهِ تَعَالَى : حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ وَعَمَّاتُكُمْ وَخَالاتُكُمْ وَبَنَاتُ الأَخِ وَبَنَاتُ الأُخْتِ إِلَى آخِرِ الْآيَتَيْنِ إِلَى قَوْلِهِ : إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا سورة النساء آية 23 - 24 .
And Allah the Exalted has mentioned them (in Surah An-Nisa) «حرمت عليكم أمهاتكم وبناتكم وأخواتكم وعماتكم وخالاتكم وبنات الأخ وبنات الأخت»: "Forbidden to you (for marriage) are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, your brother's daughters, your sister's daughters. Surely Allah is All-Knowing, All-Wise." Anas bin Malik (may Allah be pleased with him) said «والمحصنات من النساء» that by "married women" is meant those who are free, they are also forbidden. And «وما ملكت أيمانكم» means that if a slave woman is married to a slave, she can be taken from the slave (i.e., divorced) and made one's own wife. And Allah has also said «ولا تنكحوا المشركات حتى يؤمن»: "And do not marry polytheist women until they believe." And Ibn Abbas (may Allah be pleased with them both) said: It is forbidden to marry a fifth woman while having four wives, just as it is forbidden to marry one's mother, daughter, or sister.
وَقَالَ لَنَا أَحْمَدُ بْنُ حَنْبَلٍ : حَدَّثَنَا يَحْيَى بْنُ سَعِيدٍ ، عَنْ سُفْيَانَ ، حَدَّثَنِي حَبِيبٌ ، عَنْ سَعِيدِ بْنِ جُبَيْرٍ ، عَنْ ابْنِ عَبَّاسٍ ، حَرُمَ مِنَ النَّسَبِ سَبْعٌ ، وَمِنَ الصِّهْرِ سَبْعٌ ، ثُمَّ قَرَأَ : حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ سورة النساء آية 23 الْآيَةَ ، وَجَمَعَ عَبْدُ اللَّهِ بْنُ جَعْفَرٍ بَيْنَ ابْنَةِ عَلِيٍّ وَامْرَأَةِ عَلِيٍّ ، وَقَالَ ابْنُ سِيرِينَ : لَا بَأْسَ بِهِ ، وَكَرِهَهُ الْحَسَنُ مَرَّةً ، ثُمَّ قَالَ : لَا بَأْسَ بِهِ ، وَجَمَعَ الْحَسَنُ بْنُ الْحَسَنِ بْنِ عَلِيٍّ بَيْنَ ابْنَتَيْ عَمٍّ فِي لَيْلَةٍ ، وَكَرِهَهُ جَابِرُ بْنُ زَيْدٍ لِلْقَطِيعَةِ ، وَلَيْسَ فِيهِ تَحْرِيمٌ لِقَوْلِهِ تَعَالَى : وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْ سورة النساء آية 24 ، وَقَالَ عِكْرِمَةُ : عَنْ ابْنِ عَبَّاسٍ ، " إِذَا زَنَى بِأُخْتِ امْرَأَتِهِ ، لَمْ تَحْرُمْ عَلَيْهِ امْرَأَتُهُ " ، وَيُرْوَى عَنْ يَحْيَى الْكِنْدِيِّ ، عَنْ الشَّعْبِيِّ ، وأَبِي جَعْفَرٍ ، فِيمَنْ يَلْعَبُ بِالصَّبِيِّ ، إِنْ أَدْخَلَهُ فِيهِ ، فَلَا يَتَزَوَّجَنَّ أُمَّهُ ، ويَحْيَى هَذَا غَيْرُ مَعْرُوفٍ وَلَمْ يُتَابَعْ عَلَيْهِ ، وَقَالَ عِكْرِمَةُ : عَنْ ابْنِ عَبَّاسٍ : " إِذَا زَنَى بِهَا لَمْ تَحْرُمْ عَلَيْهِ امْرَأَتُهُ " ، وَيُذْكَرُ عَنْ أَبِي نَصْرٍ ، أَنَّ ابْنَ عَبَّاسٍ حَرَّمَهُ ، وأَبُو نَصْرٍ هَذَا لَمْ يُعْرَفْ بِسَمَاعِهِ مِنْ ابْنِ عَبَّاسٍ ، وَيُرْوَى عَنْ عِمْرَانَ بْنِ حُصَيْنٍ ، وجَابِرِ بْنِ زَيْدٍ ، والْحَسَنِ ، وَبَعْضِ أَهْلِ الْعِرَاقِ تَحْرُمُ عَلَيْهِ ، وَقَالَ أَبُو هُرَيْرَةَ : " لَا تَحْرُمُ حَتَّى يُلْزِقَ بِالْأَرْضِ يَعْنِي يُجَامِعَ " وَجَوَّزَهُ ابْنُ الْمُسَيَّبِ ، وعُرْوَةُ ، والزُّهْرِيُّ ، وَقَالَ الزُّهْرِيُّ : قَالَ عَلِيٌّ : لَا تَحْرُمُ ، وَهَذَا مُرْسَلٌ.
Ibn 'Abbas further said, "Seven types of marriages are unlawful because of blood relations, and seven because of marriage relations." Then Ibn 'Abbas recited the Verse: "Forbidden for you (for marriages) are your mothers..." (4:23). 'Abdullah bin Ja'far married the daughter and wife of 'Ali at the same time (they were step-daughter and mother). Ibn Sirin said, "There is no harm in that." But Al-Hasan Al-Basri disapproved of it at first, but then said that there was no harm in it. Al-Hasan bin Al-Hasan bin 'Ali married two of his cousins in one night. Ja'far bin Zaid disapproved of that because of it would bring hatred (between the two cousins), but it is not unlawful, as Allah said, "Lawful to you are all others [beyond those (mentioned)]. (4:24).Ibn 'Abbas said: "If somebody commits illegal sexual intercourse with his wife's sister, his wife does not become unlawful for him."And narrated Abu Ja'far, "If a person commits homosexuality with a boy, then the mother of that boy is unlawful for him to marry."Narrated Ibn 'Abbas, "If one commits illegal sexual intercourse with his mother in law, then his married relation to his wife does not become unlawful." Abu Nasr reported to have said that Ibn 'Abbas in the above case, regarded his marital relation to his wife unlawful, but Abu Nasr is not known well for hearing Hadith from Ibn 'Abbas.Imran bin Hussain, Jabir b. Zaid, Al-Hasan and some other Iraqi's, are reported to have judged that his marital relations to his wife would be unlawful. In the above case Abu Hurairah said, "The marital relation to one's wife does not become unlawful except if one as had sexual intercourse (with her mother)." Ibn Al-Musaiyab, 'Urwa, and Az-Zuhri allows such person to keep his wife. 'Ali said, "His marital relations to his wife does not become unlawful."
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Under this narration, Imam Bukhari rahimahullah has mentioned several matters, which we will explain in detail.
Ibn Abbas radi Allahu anhuma states:
Due to lineage, seven women are forbidden, and due to marital relations (in-laws), seven women are also forbidden. However, in the noble verse, only the seven women related by lineage are mentioned, for example:
Mother, daughter, sister, paternal aunt, maternal aunt, brother’s daughter (niece), and sister’s daughter (niece). But the seven women from the in-laws’ side are not mentioned. However, if we interpret breastfeeding (rada‘ah) as being from the in-laws’ side, then the seven women are as follows:
Foster mother (radha‘i mother), foster sister (radha‘i sister), mother-in-law (saas), step-daughter (rabibah), daughter-in-law (bahu), sister-in-law (sali), and a married woman.
Among these prohibited women, seven are by lineage and seven are by cause (i.e., in-laws or breastfeeding), which we have mentioned.
(2)
In the noble verse, it is forbidden to have two real sisters in marriage at the same time, but Hasan radi Allahu anhu combined in marriage two women who were each other’s paternal uncle’s daughters.
By this is meant the daughters of Muhammad ibn Ali and the daughters of Umar ibn Ali.
Each of them is the paternal uncle’s daughter of the other.
Imam Malik considers this disliked (makruh), but does not declare it forbidden (haram).
Jabir ibn Zayd stated that the reason for it being disliked is the severing of family ties (qat‘ al-rahm).
In any case, doing so is not forbidden (haram).
(3)
If someone commits fornication (zina) with his sister-in-law (sali), his wife does not become forbidden to him, as is the position of the majority of the imams, because fornication is unlawful and its effect does not extend to what is lawful. Furthermore, in the Shari‘ah, the term “marriage” (nikah) applies to the contract, not merely to intercourse. However, Imam Thawri and the scholars of Kufa hold the view that committing fornication with the sister-in-law causes the wife to become forbidden, but Imam Bukhari rahimahullah has considered this view questionable.
(1)
Under this narration, Imam Bukhari rahimahullah has mentioned several matters, which we will explain in detail.
Ibn Abbas radi Allahu anhuma states:
Due to lineage, seven women are forbidden, and due to marital relations (in-laws), seven women are also forbidden. However, in the noble verse, only the seven women related by lineage are mentioned, for example:
Mother, daughter, sister, paternal aunt, maternal aunt, brother’s daughter (niece), and sister’s daughter (niece). But the seven women from the in-laws’ side are not mentioned. However, if we interpret breastfeeding (rada‘ah) as being from the in-laws’ side, then the seven women are as follows:
Foster mother (radha‘i mother), foster sister (radha‘i sister), mother-in-law (saas), step-daughter (rabibah), daughter-in-law (bahu), sister-in-law (sali), and a married woman.
Among these prohibited women, seven are by lineage and seven are by cause (i.e., in-laws or breastfeeding), which we have mentioned.
(2)
In the noble verse, it is forbidden to have two real sisters in marriage at the same time, but Hasan radi Allahu anhu combined in marriage two women who were each other’s paternal uncle’s daughters.
By this is meant the daughters of Muhammad ibn Ali and the daughters of Umar ibn Ali.
Each of them is the paternal uncle’s daughter of the other.
Imam Malik considers this disliked (makruh), but does not declare it forbidden (haram).
Jabir ibn Zayd stated that the reason for it being disliked is the severing of family ties (qat‘ al-rahm).
In any case, doing so is not forbidden (haram).
(3)
If someone commits fornication (zina) with his sister-in-law (sali), his wife does not become forbidden to him, as is the position of the majority of the imams, because fornication is unlawful and its effect does not extend to what is lawful. Furthermore, in the Shari‘ah, the term “marriage” (nikah) applies to the contract, not merely to intercourse. However, Imam Thawri and the scholars of Kufa hold the view that committing fornication with the sister-in-law causes the wife to become forbidden, but Imam Bukhari rahimahullah has considered this view questionable.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5105
