If the father has fallen into illicit relations with some woman, even then it will not be permissible for the son to marry that woman. حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ (Prohibited for you are your mothers): It means that it is unlawful to marry one's own mother and the word, أُمَّهَاتُكُمُ "ummahatukum" (your mothers), includes all grandmothers, paternal or maternal وَبَنَاتُكُمْ and your daughters) means that it is unlawful to marry one's own real daughter, and the daughter of the daughter, and the daughter of the son.
In short, marrying a daughter, grand-daughter, great-granddaughter; maternal grand-daughter, great-grand-daughter is all unlawful. As for marrying a step-daughter, from a different husband, whom the wife has brought with her, there are details which will appear later. As regards the son or daughter who are not real but have been adopted, it is permissible to marry them or their offspring, subject to the provision that such marriage is not unlawful due to some other consideration. Similarly, if a person fathers a daughter by indulging in zina with a woman, the girl thus born will be governed by the rule which applies to a daughter and marriage with her too will not be correct.
وَأَخَوَاتُكُمْ (and your sisters): Marrying one's own real sister is unlawful, as well as marrying an ` allati sister (half-sister from the same father but different mother), and also marrying an akhya-fi sister (half-sister from the same mother but different father).
وَعَمَّاتُكُمْ (and your paternal aunts): Marriage with the real sister of one's father, his half-sister from their father's side and his half-sister from their mother's side is unlawful. It means that one cannot marry any paternal aunt from the three kinds described above.
وَخَالَاتُكُمْ (and your maternal aunts): Marriage with a sister of one s mother, whether real (haqiqi) or half-sister from their father's side (allati) or half-sister from their mother's side (akhyafi), is unlawful.
وَبَنَاتُ الْأَخِ (and daughters of brother): It means that marriage with one's nieces is also unlawful, whether they be haqiqi, allati or akhyafi. Marriage with the daughters of all three types of brothers, real or half, as given above, is not lawful.
وَبَنَاتُ الْأُخْتِ (and daughters of sister): It means that marriage with one's maternal nieces is also unlawful, whether the sisters be haqiqi or ` allata or akhyafi The daughters of such sisters cannot be taken in marriage.
وَأُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْ (and your mothers who suckled you): This refers to women who, even though they are not the real mothers, are treated in Shari'ah like mothers in the sense that marriage with them is as prohibited as with one's real mother. The quantity or the frequency of feed makes no difference; the said unlawfulness stands established under all eventualities. Muslim jurists refer to this as the unlawfulness through fosterage.
However, it is necessary to remember that this unlawfulness through fosterage gets established when suckling takes place at a time which is the usual time for it during childhood. The Holy Prophet ﷺ has said: اِنَّما الرَّضاعَۃُ من امَجَاعَۃِ Fosterage is only from hunger" which means that the unlawfulness that becomes established through suckling shall come into effect only when suckling has taken place at a time when the child has no other option but to suckle and grow through it. (al-Bukhri and Muslim)
According to Imam Abu Hanifah (رح) ، this period ranges between the birth of the child and when he or she is two and a half years old. According to other Muslim jurists which includes his special disciples, Imam Abu Yusuf and Imam Muhammad رحمۃ اللہ علیہما the period of suckling is two years only, therefore, if a boy or girl suckles at the breast of a woman after the age of two years, the prohibition of marriage due to fosterage will not come into effect.
وَأَخَوَاتُكُم مِّنَ الرَّضَاعَةِ (and your sisters through suckling): It means that marriage with sisters related through the bond of fosterage is also unlawful. Going in details, it works out that a woman who suckles a boy or girl during the days of suckling becomes their foster-mother, and her husband becomes their foster-father, and the offspring of that woman become his brothers and sisters, and the sisters of that woman become their maternal aunts, and the elder and younger brothers of her husband become the foster-uncles of these children, and the sisters of the husband of that woman become the paternal aunts of these children; and thus, in between all of them, the relationship of fosterage resulting in prohibition of marriage is established. The marriage which is mutually unlawful as based on the relation of kinship becomes equally unlawful as based on the relation of suckling. The Holy Prophet ﷺ has said: یحرم من الرضاعۃ ما یحرم من الولادۃ (Bukhari) (That which becomes unlawful by kinship becomes unlawful by fosterage). Another narration from the Sahih of Muslim as in Mishkat, page 273, says: ان اللہ حرم من الرضاعۃ ما حرم من النسب (Surely, Allah has prohibited through fosterage what He has prohibited through kinship.)
Rulings:
1. If a boy and a girl were suckled by a certain woman, the two of them cannot be married to each other. Similarly, marriage with the daughter of a foster-brother and foster-sister is also not possible.
2. Marriage with the lineal mother of foster-brother and foster-sister is permissible. It is also lawful to marry the foster-mother of the lineal sister of foster-sister; and the foster-sister of the lineal sister.
3. The unlawfulness of marriage becomes established if the feed is received by the child during the days of suckling either through the mouth, or the nose. Should it be that the feed is given to the child by any other inlet, or it is injected in, then, the unlawfulness of fosterage will not come to be established.
4. No feed other than the feed from the woman suckling the child (for example, milk from animals or male humans), establishes fosterage.
5. If the feed is mixed in medicine or in milk from a goat, cow or buffalo, the unlawfulness of marriage as based on suckling shall be established only when the quantity of the woman's feed measures more, or when it is at least equal. But, if the woman's feed-is less than that, this unlawfulness shall not come to be established
6. If male mammalian glands happen to lactate, it does not go on to prove the unlawfulness of marriage from suckling.
7. If a woman lets a child mouth her nipple, but there is no certainty that the child has sucked the feed in, then this will not establish the unlawfulness through suckling and it will not affect the lawfulness of marriage, because the prohibition of marriage is not established where actual suckling is doubtful.
8. If a man marries a certain woman while some other woman claims that she has suckled both of them, then, should both of them confirm it, it will be decided that the marriage was incorrect. However, should both of them reject the claim it will not be mandatory on the spouses to vacate the marriage, however, if the woman appears to be God-fearing and a practicing Muslim, it is preferable for the spouses to opt for separation through divorce.
9. The witness of two practicing Muslims is necessary in order to prove unlawfulness through suckling. This will not be proved by the witness of one man or one woman. But, since this is a very serious matter involving the whole life being halal or Haram a precautionary attitude will always be advisable. Therefore, some Muslim jurists have ruled that if one intends to marry a woman, and only one practicing Muslim testifies that they are foster brother and sister, it will not be permissible for them to contract marriage. And if the evidence of one witness, male or female, comes forth after they have married each other, even then, it will be safe and prudent for them to opt for voluntary separation.
10. According to the recognized rules of evidence, the testimony of one man and two women is equal to that of two male witnesses. Therefore, even if one man and two women testify the fact of suckling, the foster-relationship will stand proved.
وَأُمَّهَاتُ نِسَائِكُمْ (and the mothers of your wives): Also unlawful to husbands are the mothers of their wives. Here too, the word, "ummahat" includes all grandmothers of wives, maternal, paternal, lineal or foster.
Ruling:
1. Just as the mother of a legally wedded wife is unlawful, very similarly, equally unlawful is the mother of a woman with whom one has slept assuming her to be his wife, (while, in fact, she was not his wife) or with whom zina (adultery) has been committed, or who has been touched lustfully.
2. The initial bond or marriage, in itself, renders the mother of one's wife unlawful for him. It means that even if the husband has never slept with his wife, her mother is still unlawful for him to marry.
وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُم مِّن نِّسَائِكُمُ اللَّاتِي دَخَلْتُم بِهِنَّ (and your step-daughters under your care who are born of your women with whom you have had intercourse): When one marries a woman and sleeps with her after the marriage, the daughter of that woman from another husband becomes unlawful for him, and so do her granddaughters, both paternal and maternal. Marriage with them is not permissible. But, if the husband has not yet slept with his wife and has divorced her after the contract of marriage, then her daughter or grand-daughter will not be unlawful for him. But, following nikah, if one touches his wife lustfully, or looks at her private part with sexual desire, then this too, will be taken as having sex with her, therefore, it will make the daughter of that woman unlawful.
The words "your women" used in this context are general. There-fore, it is not the legally wedded wife only whose daughters are unlawful for the husband, but the same rule applies to a woman who is not really wedded to the person, but he has had sexual intercourse with her either under the wrong impression that she is his wife, or in adultery. The daughter and grand-daughter of such women will also become unlawful for him.
وَحَلَائِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلَابِكُمْ (and the wives of your sons from your [ own ] loins): The wife of one's own son is unlawful, and the universality of °son° includes grandsons, paternal or maternal. So, marriage with their wives shall not be permissible.
مِنْ أَصْلَابِكُمْ (from your loins): This particular restriction is used here to exclude the adopted son. Marriage with his wife is lawful. As far as a foster son is concerned, he is governed by the rule which governs the lineal son, therefore, marriage with his wife too is unlawful.
وَأَن تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ (and that you combine two sisters in wedlock): Also unlawful is the combining of two sisters in the bond of marriage. They may be real sisters or half sisters from the father's side or sisters from the mother's side (haqiqi, 'allati, akhyafi). They may be sisters by lineage or sisters by fosterage. This rule covers all of them. However, when one sister has been divorced it is permissible to marry another sister, but this permissibility becomes effective only after the period of ` iddah has expired. Marriage during ` iddah is not permissible.
Rulings:
1. Just as one cannot combine two sisters in his marriage, it is also unlawful for him to combine a paternal aunt and her niece, and a maternal aunt and her niece. They too cannot be combined in marriage with any one person. As reported in al-Bukhari and Muslim, the Holy Prophet ﷺ has said:
لا یُجمَعُ بین المرأَۃِ و عَمَّتِھا ولا بین المرأَۃِ و خالَتِھا (بخاری و مسلم)
Do not combine a woman with her paternal aunt, nor a woman with her maternal aunt
2. Muslim jurists have mentioned the general principle that any two women, out of whom, if one was supposed to be a male, then, their marriage with each other would turn out to be incorrect according to Islamic law, thus two women of this kind cannot be combined in marriage with one man.
اِلَّا ما قد سلف (except what has passed): It means that whatever has been the practice during Jahiliyyah will not be called to account. These words have also appeared in verse 22. There too, the meaning is the same, that is, that which came to pass during Jahiliyyah has passed. Now that Islam has been embraced, past deeds will not be taken into account, but it is necessary to abstain from them in future.
In the same way, it is necessary at this time of the revelation of what was unlawful that separation be made if one holds the wife of his father, or two sisters, in marriage. In the case of two sisters, it is compulsory that one sister be separated.
As narrated by the blessed Companion, Sayyidna Bard Ibn ` Azib ؓ ، the Holy Prophet ﷺ had sent Sayyidna Abu Burdah ibn Niyar ؓ to execute a man because he had married the wife of his father. (Mishkat, p. 274)
Ibn Firoz Dailami narrates from his father: 'When I embraced Islam, I had two sisters married to me. I went to the Holy Prophet ﷺ with the problem.' He said: "Separate by divorcing one and keeping the other." (Mishkat, p. 274)
These narrations tell us that just as it is not lawful, after embracing Islam; to contract marriage with father's wife or to combine two sisters in marriage, similarly it is also unlawful to maintain such marriages, if they have been contracted by someone before he embraced Islam.
إِنَّ اللَّـهَ كَانَ غَفُورًا رَّحِيمًا (Surely, Allah is Most-Forgiving, Very-Merciful) means that anything people did erroneously before the advent of Islam will be overlooked by Allah Almighty once they have embraced Islam and they can be sure that He will turn to them with the great reach of His mercy.
