The second category: women forbidden due to the right of another

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The second category: women forbidden due to the right of another

There follows the second category of forbidden women: those whose prohibition lies in the attachment of the right of another, like the wife of another man and the woman another man has put into her waiting period.

1. The woman free of any husband. The jurists agreed that it is not permitted for a man to marry the wife of another, even if intercourse with her took place in a corrupt marriage or a suspected one: this would lead to the confusion of lineages. That is why the combination of two husbands over one woman has been legislated in no religion. The condition required of the woman who wants to marry is therefore to be free of any husband: no marriage of the already-married woman, no proposal to her. Al-Khatib ash-Shirbini: proposing to a married woman is forbidden by consensus ('Mughni al-muhtaj', 4/228; 'Tuhfat al-muhtaj', 8/518-519; 'Nihayat al-muhtaj', 6/233; 'ad-Dibaj', 3/177; 'al-Hawi al-Kabir', 9/248).

The condition: being free of any waiting period ('iddah)

Ibn al-Qattan al-Fasi: they agreed that it is not lawful for a woman to marry more than one man at the same time ('al-Iqna' fi masa'il al-ijma'', 3/1171, no. 2156). Ibn Nujaym (Hanafi): proposing to a married woman is forbidden expressly and by allusion, as stated in 'al-Bada'i'' ('al-Bahr ar-ra'iq', 4/164; 'al-Fatawa al-Hindiyyah', 1/280).

2. The woman must be free of any waiting period. The people of knowledge agreed that the marriage of a woman in her waiting period is never permitted, whether she is a widow, or divorced revocably or irrevocably, from the import of the verse:

There is no blame upon you for what you allude to concerning a proposal to women, or for what you conceal within yourselves: Allah knows that you will mention them. But do not promise them secretly, except for saying an appropriate word. And do not determine the contract of marriage until the prescribed term reaches its end. And know that Allah knows what is within yourselves: so beware of Him. And know that Allah is Forgiving and Forbearing.

Surah Al-Baqarah, 235

The marriage contract during the 'iddah was forbidden because it is a pathway to intercourse during the 'iddah, while the woman is then confined in mourning for the deceased or the divorcer; likewise the pilgrim in ihram is forbidden to contract marriage, for it invites him to intercourse: the cause and the pathway to corruption are therefore forbidden ('Sharh Sahih al-Bukhari' of Ibn Battal, 7/233).

Ibn Abd al-Barr: Allah forbade the marriage contract during the 'iddah by His word 'and do not determine the contract of marriage until the prescribed term reaches its end', and permitted allusion to marriage during the 'iddah, with no disagreement among the scholars of the early and later generations: it is a decisive text of agreed meaning ('al-Istidhkar', 5/385). As-Sarakhsi: marriage during the 'iddah is a matter of agreement upon its nullity ('al-Mabsut', 5/38). Islam even forbade the explicit proposal concerning her.

Al-Qurtubi reports from Ibn 'Atiyyah: the community agreed that speaking to a woman in her 'iddah of her marriage explicitly, or in a way that draws attention to it, is not permitted; likewise flirtatious talk, mention of intercourse or incitement to it, and what resembles that; what is beyond that is permitted ('Tafsir al-Qurtubi', 3/188). Ad-Damiri: the explicit proposal to a woman in her 'iddah is forbidden by consensus, whether she is a widow, irrevocably or revocably divorced, or in a case of suspicion ('an-Najm al-wahhaj', 7/37). Ibn Muflih: the explicit proposal, that is, what admits no meaning but marriage, for the engagement of a woman in her 'iddah, is forbidden by consensus ('al-Mubdi'', 7/13). Al-Kasani: a stranger may not propose explicitly in marriage to a woman in her 'iddah, divorced or widowed ('Bada'i' as-sana'i'', 3/204). Az-Zayla'i: marriage during the 'iddah is not permitted by consensus ('Tabyin al-haqa'iq', 2/172).

Ibn Rushd: they agreed that marriage is not permitted during the 'iddah, whether it is a waiting period of menses, of pregnancy or of months. They differed concerning the one who marries a woman during her 'iddah and consummates with her. Malik, al-Awza'i and al-Layth: they are separated and she is never lawful to him. Abu Hanifah, Ash-Shafi'i and ath-Thawri: they are separated, and once the 'iddah has elapsed between them, there is no harm in marrying her to him a second time. The cause of their disagreement is whether the statement of the Companion constitutes a proof. Malik narrated from Ibn Shihab, from Sa'id ibn al-Musayyib and Sulayman ibn Yasar, that Umar ibn al-Khattab separated Tulayhah al-Asadiyyah from her husband Rashid ath-Thaqafi when he married her during the waiting period from a second husband, and said: 'Any woman married during her waiting period: if the husband who married her did not consummate, they are separated, she completes the remainder of her waiting period from the first, and the latter becomes one suitor among the suitors; if he consummated, they are separated, she completes the remainder of her waiting period from the first, then her waiting period from the latter, and they will never come together.' Sa'id said: 'She has her dower for what he made lawful of her.'

Marrying the woman he fornicated with without purifying her (istibra')

Before entering this situation, the sheet concludes the case of the woman pregnant from fornication. The Hanafis and the Shafi'is hold the contract valid upon the fornicatress if the contractor is the fornicator, the fluid of fornication having no sanctity; intercourse with her is lawful and she is entitled to maintenance according to the Hanafis ('al-Hidayah', 1/195; 'Sharh Fath al-Qadir', 3/242; 'al-Ikhtiyar', 3/109; 'Tabyin al-haqa'iq', 2/114; 'al-'Inayah', 4/380; 'al-Bahr ar-ra'iq', 3/114; 'al-Jawharah an-Nayyirah', 5/44; 'Durrar al-hukkam', 4/69; 'Hashiyat Ibn Abidin', 3/511; 'al-Muhadhdhab', 2/45; 'Nihayat al-matlab', 12/219-220 and 14/306; 'al-Bayan', 9/270-271; 'Asna al-matalib', 3/393; 'an-Najm al-wahhaj', 8/136; 'Mughni al-muhtaj', 5/89).

The Malikis and the Hanbalis hold that the contract is not valid upon the woman pregnant from fornication, even if he is the one who fornicated with her, according to His word:

And those who are pregnant: their term ends when they deliver their burdens.

Surah At-Talaq, 4

The verse is general, and she is pregnant: her marriage is therefore forbidden to him as with all other pregnant women ('al-Istidhkar', 7/512; 'at-Tafri'', 2/78; 'Ahkam al-Qur'an', 3/338; 'adh-Dhakhirah', 4/259; 'al-Ma'unah', 1/532; 'al-Ishraf', 3/317-318, no. 1153-1154; ''Uyun al-masa'il', issue 662; 'al-Mughni', 7/107-108; 'al-Muharrar', 2/21; 'Kashshaf al-qina'', 5/90; 'Sharh Muntaha al-iradat', 5/171; 'Manar as-sabil', 2/581).

Second situation: marrying the one he fornicated with without purifying her from fornication (istibra'). The jurists agreed that the marriage of the woman he fornicated with is lawful if she is not pregnant and has been purified. They differed on the case where he fornicated with her and wants to marry her without istibra': is it permitted or not?

The Malikis and the Hanbalis: the marriage of the fornicatress is not permitted until she has been purified from fornication. The Malikis: the man who fornicated with a woman and then wants to marry her may do so after purifying her from his corrupt fluid; if he contracts the marriage before the istibra', it is like the one who marries a woman in her waiting period, and if intercourse took place in that state, she is never lawful to him. Malik said: 'The one who marries a free woman, consummates with her, and she gives birth after a month: he never marries her, for he had intercourse during a waiting period.' Ibn Abd al-Barr explains Malik's argument: he drew an analogy between the purification of the womb from fornication by three menses in the free woman and the ruling of the corrupt dissolved marriage, whose ruling is, according to all, like the valid marriage as regards the waiting period; the same applies to fornication: one does not purify the womb of another in a free woman with less than three menses, by analogy to the waiting period ('al-Istidhkar', 7/512).

Ibn al-'Arabi: Malik held that the fluid of fornication has no sanctity, but that the fluid of marriage has sanctity; one of its sanctities is that it not be poured upon the fluid of the illicit union, which would mix the unlawful with the lawful and the fluid of humiliation with the fluid of honor. Malik's view was stricter than that of the other jurists of the lands ('Ahkam al-Qur'an' of Ibn al-'Arabi, 3/338; 'adh-Dhakhirah', 4/259).

The Hanbalis: when the woman has fornicated, her marriage is lawful only after purification by the menses (al-aqra'), or by months in the absence of menses. She must observe the 'iddah and her marriage is forbidden during it: the 'iddah is originally for knowing the purity of the womb; before the 'iddah, she may be pregnant, and her marriage would be void, like the one who had intercourse in a suspected situation. And if the marriage of the pregnant one is not valid, that of the non-pregnant is more so, for intercourse with the pregnant one does not lead to the confusion of lineage, whereas this is intercourse in the anterior passage: hence the 'iddah required as for the suspected intercourse ('al-Mughni', 7/107-108; 'al-Muharrar', 2/21; 'Manar as-sabil', 2/581).

Ibn Qudamah specifies: every woman in a waiting period not from a valid marriage, like the fornicatress, the one who had intercourse in a suspected situation or in a corrupt marriage: the analogy of the school forbids her marriage to the one who had intercourse and to others. The preferable view is to make her marriage lawful to the one to whom the lineage of her child would attach if she is in a waiting period from him, for the 'iddah serves to preserve his fluid and to protect his lineage: his honored fluid is not safeguarded from his own honored fluid, and his lineage is not protected against it. That is why marriage to the one who granted his wife the khul' is permitted to him. The one to whom the lineage of the child does not attach, like the fornicator, may not marry her, for it would lead to the confusion of lineage: the one who consummated is like the others, the lineage of the child attaching to neither of them ('al-Mughni', 8/102).

The Hanafis and the Shafi'is: the contract is valid upon the woman even without istibra', and even if she is pregnant from fornication, for she is among those made lawful by the text, entering into the word of Allah 'lawful to you are all beyond those mentioned' (Surah An-Nisa, 24): whoever is in this state, her marriage is permitted (same references as above).

The woman purified from fornication and not pregnant

Third situation: being purified from fornication and not pregnant. The jurists of the four schools agreed that it is permitted for the woman he fornicated with to marry the one who fornicated with her, if she is not pregnant and has been purified. Al-Hafiz Ibn Hajar reports from Ibn Abd al-Barr: the muftis of the lands agreed that it is not unlawful for the fornicator to marry the one he fornicated with ('Fath al-Bari', 9/157).

They differed on the question of whether she must repent of the fornication. After their unanimous agreement that the repentance of the fornicator (the one who marries her) is not required, the majority of the jurists (Hanafis, Malikis, Shafi'is) hold that it is not required that she repent: Allah mentioned the forbidden relatives and then said 'lawful to you are all beyond those mentioned' (Surah An-Nisa, 24), a generality covering the chaste woman as well as the fornicatress.

The hadith reported on this subject: a man came to the Prophet (peace be upon him) and said:

O Messenger of Allah, my wife does not repel the hand of the one who touches her. He said: Divorce her. He said: I love her and she is beautiful. He said: Enjoy her. In another version: Keep her, then.Authentic hadith: Abu Dawud (2049), an-Nasa'i (3229, 3464)

The 'marriage' meant in the verse is intercourse: the fornicatress is touched only by a fornicator, in the state of fornication, as shown by the verse 'the fornicatress, none marries her except a fornicator or a polytheist' (Surah An-Nur, 3). It is not lawful for the fornicating Muslim woman to be married to a polytheist; if the contract were meant, it would be permitted. The verse may also signify an information about the inclination of each of the two towards the other, the lewd fornicator desiring only his like; or it is abrogated by 'Marry the single ones' (Surah An-Nur, 32) and 'Marry what pleases you of women' (Surah An-Nisa, 3).

From the Prophet (peace be upon him): 'Nothing unlawful makes the lawful unlawful' (weak hadith: reported by Ibn Majah, 2015). This statement is a text, and it is widespread among the Companions by consensus: narrated from Abu Bakr, Umar, Ibn Umar, Ibn Abbas and Jabir. From Abu Bakr (may Allah be pleased with him): 'If a man fornicates with a woman, her marriage is not forbidden to him.'

From Umar: a man had married a woman, had a son by another, and she had a daughter by another man; the boy had relations with the girl and she showed a pregnancy. When Umar came to Makkah, the case was presented to him; he questioned them and they confessed; he flogged them the prescribed punishment and wished to marry them to each other, but the young man refused. From Abdullah ibn Umar: he had a slave girl and a slave; the slave girl showed a pregnancy and he accused the young man, who denied it; the young man had an extra finger. He said to him: 'If she gives birth to a child with an extra finger, I will flog you.' He said: 'Yes.' She gave birth to a child with an extra finger: he flogged him and then married him to her. From Ibn Abbas, when asked: does the fornicator marry the fornicatress? He answered: 'Yes.' This was the view of all those we mentioned, and no contrary report proved authentic: it became a consensus.

The verse of An-Nur 3 received three interpretations:

The fornicator marries only a fornicatress or a polytheist woman, and the fornicatress is married only by a fornicator or a polytheist man. That has been forbidden to the believers.

Surah An-Nur, 3
  • It was revealed concerning a Muslim man who asked the Messenger of Allah (peace be upon him) permission to marry a woman called Umm Mahzul, among the courtesans of the Jahiliyyah 'of the banners'; she required him to provide for her. Such women were known: they married poor men among the Muslims so as to provide for them, and Allah forbade them that, revealing the verse about it: the view of Abdullah ibn Amr and Mujahid.
  • The verse means that the fornicator fornicates only with a fornicatress, and that the fornicatress is approached only by a fornicator: the view of Ibn Abbas.
  • The verse is general, forbidding the marriage of the fornicatress to the chaste man and that of the chaste woman to the fornicator, then abrogated by 'Marry what pleases you of women' (Surah An-Nisa, 3): the view of Sa'id ibn al-Musayyib, for she is free of the causes that forbid her marriage, so the contract is permitted as with any other; fornication is only a major sin that is punished, which does not prevent marriage, like theft, wine and murder ('Tabyin al-haqa'iq', 2/114, and the references cited above).

Abu Bakr al-Jassas: the early generations differed on the marriage of the fornicatress. It is reported from Abu Bakr, Umar, Ibn Abbas, Ibn Mas'ud, Ibn Umar, Mujahid, Sulayman ibn Yasar, Sa'id ibn Jubayr and other Successors that the one who fornicated with a woman, or another fornicated with her, may marry her. It is reported from Ali, Aisha and al-Bara', and in one of the two versions from Ibn Mas'ud, that they remain fornicators as long as they are together; and from Ali: if the man fornicates, he is separated from his wife, and likewise if she is the one who fornicates. The one who forbade the marriage of the fornicatress interpreted the verse, whereas the jurists of the lands agree on the lawfulness of the marriage, fornication entailing neither her prohibition to the husband nor separation between them. The verse can only be a report, or a prohibition; and the 'marriage' meant can only be intercourse or the contract. The report is impossible literally, since we see fornicators marrying women who are not fornicatresses and fornicatresses marrying others than fornicators: it is therefore a ruling and a prohibition. The 'marriage' there means intercourse, which is its literal meaning in the language (as reported from Ibn Abbas and his followers), or the contract by indication, which is its figurative meaning; it cannot denote the contract: otherwise the fornication of the woman or of the man would not entail separation, both being described as fornicators (the verse permitting the fornicator the fornicatress), and it would be permitted for the woman to marry the one who fornicated with her even before they repented, and their fornication during the marriage would not entail separation, and it would be permitted for the fornicator to marry a polytheist woman and for the fornicatress to marry a polytheist man; yet there is no disagreement that this is not permitted, the marriage of the polytheists being forbidden and abrogated: the verse therefore denotes intercourse (the view of Ibn Abbas), or its ruling is abrogated (the view of Sa'id ibn al-Musayyib) ('Ahkam al-Qur'an' of al-Jassas, 5/108-110).

There are people who say that marrying the fornicatress and keeping her in the marriage is forbidden and proscribed as long as she persists in fornication, without that invalidating the marriage: Allah only permitted marriage with the chaste women among the believers and the People of the Book:

the chaste women among the believers, and the chaste women among those who were given the Book before you

Surah Al-Ma'idah, 5

that is, the chaste among them; and because, if she were in that state, one would not be safe from her bearing a child of fornication and attributing it to her husband, who would inherit its wealth; the view of the one who permits presupposes that she has repented and does not persist in fornication. The proof that her fornication does not entail separation: Allah ruled in the case of li'an (mutual imprecation) for separation after the imprecation. If the fornication of a wife entailed separation, the husband's imputation (which contains an acknowledgment of what entails separation) should entail it: see, if he acknowledges that she is his sister through suckling or that his father had intercourse with her, separation occurs by that statement. He is answered: that would prove that fornication entails prohibition, otherwise separation would not be required by the li'an. The answer: if it were as he says, separation should occur by the imputation alone, without the imprecation; since it does not occur by the imputation, what he says is corrupt. He is told: separation occurs by the li'an because it amounts to a testimony against her of fornication, and once she is judged so, separation occurs for fornication. The answer: this is also false, for the husband's solitary testimony of her fornication does not make her a fornicatress, just as her testimony of his lying does not make him a liar in his imputation; neither of the two testimonies is stronger than the other; and if the husband's testimony were to be accepted against her, the punishment of fornication would be applied: since it is not, he is not ruled against her by his word. And Allah knows best what is right ('Ahkam al-Qur'an' of al-Jassas, 5/108-110).

The Hanbalis: her marriage is not valid until her repentance is established; if he marries her before, the marriage is corrupt and they are separated. The repentance: she is solicited (murawadah) for fornication and she abstains from it. Umar was asked: how is her repentance known? He said: 'She is solicited for that: if she complies, she has not repented; if she refuses, she has repented.' Ahmad came to follow Umar's statement; in 'al-Ikhtiyarat': whoever wants to associate with a person tests him to know his piety, his debauchery or his repentance, and asks those who know him: this is the madhhab, according to the text of the Imam in the narration of Ishaq ibn Hani: 'He solicits her for what he solicited her for: if she abstains, she has repented and he marries her; if she complies, he does not marry her.' Abu Talib transmitted it, as it is also reported from Ibn Umar and Ibn Abbas. If she repents and her 'iddah ends, she is lawful to a fornicator like others. It will not be said that the solicitation is spying on faults forbidden by 'And do not spy' (Surah Al-Hujurat, 12): matters are judged by intentions, and the purpose of the solicitation is to know whether she is fit as a wife for him or for another, in order to act or abstain, and to advise the one who is unaware or who asks him, sincere advice being obligatory, and whatever the obligatory cannot be completed without is obligatory; the purpose is not the mere knowledge of her fault. According to another view, her repentance is like that of anyone else: remorse, abandonment, resolve not to return, without solicitation; al-Muwaffaq (Ibn Qudamah) and others chose it, saying that she should never be tested by asking her for fornication. On this view, if she feels remorse, abandons and resolves not to return, her repentance is valid even without a test, the repentance from other sins among all people, for all rulings, not being made on this pattern; the purpose being to know that she is fit as a wife, as shown by the verse of An-Nur 3: the prohibition and its follow-up are a text that may not be circumvented ('al-Mughni', 7/107-108; 'al-Muharrar', 2/21; 'al-Insaf', 8/133; 'Kashshaf al-qina'', 5/90; 'Sharh Muntaha al-iradat', 5/171; 'Matalib uli an-nuha', 5/110; 'Manar as-sabil', 2/581; 'al-Ifsah', 2/139).

The shaykh of Islam Ibn Taymiyyah: she is not lawful until she repents; this is what the Book, the Sunnah and reflection indicate; the famous verse is that of An-Nur 3, and in the Sunan the hadith of Abu Mirthad al-Ghanawi regarding 'Anaqa. Those who did not act upon this verse gave it an interpretation or claimed its abrogation. As for the interpretation, that 'marriage' there means intercourse, it is corrupt at the slightest reflection, for seven reasons:

  1. No verse of the Quran contains the word 'marriage' without the contract being meant, even if intercourse is included in it; meaning it as intercourse alone is never found in the Book of Allah.
  2. The cause of the revelation of the verse is the question put to the Prophet (peace be upon him) about marrying a fornicatress: how could the cause of revelation fall outside the meaning of the word?
  3. To say 'the fornicator touches only a fornicatress, or the fornicatress is touched only by a fornicator' would be like saying 'the eater eats nothing but what is eaten, and what is eaten is eaten only by an eater, the husband marries only a wife, and the wife is married only by a husband': words far above which is the speech of Allah.
  4. The fornicator may coerce a woman and have intercourse with her: he is a fornicator while she is not; likewise the woman may fornicate in her sleep or under coercion, according to one of the two views, without the man being a fornicator.
  5. The prohibition of fornication is known to the Muslims by verses revealed in Makkah; it is too well known for this verse to come down to forbid it.
  6. He said 'except a fornicator or a polytheist': if intercourse were meant, mentioning the polytheist would be useless, for he fornicates; likewise the polytheist woman who was fornicated with is a fornicatress.
  7. He had just said before: 'The fornicatress and the fornicator: flog each of them a hundred lashes' (Surah An-Nur, 2): what need is there to mention the prohibition of fornication after that?

As for abrogation: Sa'id ibn al-Musayyib and a group said it is abrogated by 'Marry the single ones among you' (Surah An-Nur, 32). When the holders of this view knew that this claim of abrogation by that verse is very weak and found nothing that abrogates it, they claimed 'abrogated by consensus', like Abu Ali al-Jubbai and others, according to those who accept that consensus abrogates texts, as reported from 'Isa ibn Aban and others: a view of the utmost corruption, whose content is that the community may change its religion after its prophet, as the Christians allow their scholars to abrogate from the shari'ah of Christ whatever they wish: this is not a saying of the Muslims. Whoever holds consensus as proof may say that it points to an abrogating text that did not reach us; there is no hadith of consensus against this verse; whoever opposes a consensus to a text claiming its abrogation otherwise than by a text that confronts it is in error. The texts were only abrogated by a remaining text, preserved by the community, whose knowledge of the abrogator (acted upon) matters more than its knowledge of the abrogated (no longer acted upon); Allah's preservation of the abrogating texts is more assured than of the abrogated. To say 'abrogated by An-Nur 32' is of the greatest weakness: being a fornicatress is an accidental attribute entailing an accidental prohibition, like being in ihram, in a waiting period, married to another; even if she were supposed to be forbidden forever, she would be like the polytheist woman. Now this verse does not deal with the attributes that forbid a woman absolutely or temporarily; it commands the marriage of the single ones in general terms, with the conditions stated; just as she is not married during the 'iddah or the ihram, she is not married before she repents.

He continues: this issue, in the hearts of the believers, is too great to need the multiplication of proofs: faith and the Quran forbid it. But since many Muslim scholars, whose knowledge and religion are beyond doubt, from the Successors and those after them, permitted it by way of interpretation, exposition became necessary. There are many analogous cases where the view is very weak yet the matter confused many people of knowledge and faith and leaders of the people; for Allah did not place protection from error in the disputes of the Muslims except in returning to the Book and the Sunnah, everyone being accepted for his view and set aside, except the Messenger of Allah who does not speak from desire ('Majmu' al-Fatawa', 32/113-120).

Imam Ibn al-Qayyim: the right position is to say that this verse is decisive, that it is acted upon and that nothing abrogated it; it contains a report and a prohibition, and none claimed to abrogate it with a decisive proof. What made it obscure to many people is clear: is the verse 'the fornicator marries only a fornicatress or a polytheist woman' a report, a prohibition or a permission? If a report, we see many fornicators marrying chaste women; if a prohibition, it would have forbidden the fornicator to marry anything but a fornicatress or a polytheist woman, forbidding the chaste believing women and permitting the polytheist women and the fornicatresses: Allah, glorified, never intended that. Perplexed, they sought a sound reading for the verse. Some said: 'marriage' there means intercourse and fornication, as if He said: the fornicator fornicates only with a fornicatress or a polytheist woman: corrupt, with no benefit whatsoever, and the speech of Allah is not to be carried on such; it is indeed known that the fornicator fornicates only with a fornicatress: what use is that information? The majority, seeing the corruption of this interpretation, abandoned it.

A group said: 'it is general in wording, specific in meaning: it refers to one man and one woman, 'Anaqa the courtesan and her suitor, who had converted and asked the Messenger of Allah (peace be upon him) permission to marry her, and the verse came down': corrupt as well; this picture, even if it were the cause of revelation, the Quran is not restricted to it, otherwise every proof drawn from it for other cases would be null. A group said: 'the verse is abrogated by An-Nur 32': it is the most corrupt of all; there is no opposition between the two verses, one does not contradict the other: He commands the marriage of the single ones and forbids the marriage of the fornicatress, as He forbids that of the woman in her waiting period, the woman in ihram and the forbidden relatives: where is the abrogating and the abrogated in that?

If one asks what the meaning of the verse is, the answer, and Allah knows best: the husband was commanded to marry the chaste, virtuous woman, and the marriage of the woman is lawful only under this condition, as Allah mentioned in the surahs An-Nisa and Al-Ma'idah; the ruling suspended upon a condition vanishes when the condition vanishes, the permission being suspended upon chastity: if chastity vanishes, the conditioned permission vanishes. The husband either complies with the ruling of Allah and His shari'ah legislated on the tongue of His Messenger, or he does not: if he does not comply, he is a polytheist, accepting as a wife only his like; if he complies but transgresses by marrying what is forbidden to him, the marriage is not valid and he is a fornicator: thus appears the meaning of 'marries only a fornicatress or a polytheist woman', and the exposition reaches its summit; the ruling of the woman is the same. This ruling is the requirement of the Quran and its explicit meaning; it is the requirement of the fitrah and what reason demands: Allah forbade His servant to be the husband of a courtesan, a debased cuckold; Allah created people with a natural repulsion for that and rejection of it, to the point that when they want to insult a man gravely, they say: 'husband of a prostitute'. Allah forbade the Muslim to be that: the wisdom of the prohibition and the meaning of the verse have appeared. Allah grants success.

What clarifies the prohibition, and that it befits this perfect shari'ah: this offense of the woman corrupts the bed of the husband and corrupts the lineage that Allah established among people to perfect their interests, and which He counted among His graces upon them. Fornication leads to the mixing of fluids and the confusion of lineages: the shari'ah did well to forbid the marriage of the fornicatress before she repents and is purified. The fornicatress is also vile, as has been demonstrated; Allah made marriage a cause of love and mercy, love being pure love: how could the vile one be loved by the pure one as his wife? The word 'zawj' (spouse) comes from pairing, which is resemblance: the spouses are the two alike; aversion between the pure and the vile is established by the law and by nature, and there is with her no pairing, no mercy and no affection. Excellent is the one who held this madhhab and forbade the man to be the husband of a prostitute. What of the one who permits marrying her and possessing her tonight, whereas a fornicator possessed her yesterday, saying 'the fluid of the fornicator has no sanctity'? Suppose even that it were so: the fluid of the husband has sanctity; how could it be permitted for it to combine with the fluid of the fornicator in a single womb? The point: Allah named the fornicators and the fornicatresses vile; this kind of act, even when lawful, requires purity, and its doer is named junub, distanced from the recitation of the Quran, from prayer and from the mosques: he is deprived of all of that.

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بسم الله الرحمن الرحيم Fri 12 Rabi' al-Thani
الجمعة 12 ربيع الآخر
أحدب متزايد Waxing Gibbous Day 13.8 / 29.5
Illumination 99%
Full moon in 1 day
أستغفر الله I seek forgiveness from Allah