Commentary
And when he repeated the mention of permission in marrying them; and what it includes in explicit and implicit meaning; and permission had already been established in marrying whatever is lawful from women; and what is lawful in the Shari'ah may lead to what is permissible; the need arose for what is permissible among them for that reason; and what is prohibited; so he said: ﴿And do not marry﴾; meaning: you should not marry; and you should not have relations; ﴿what your fathers married﴾; meaning: by mere contract in the free woman; and by intercourse in the possession of right hand; ﴿Your fathers﴾ and he clarified 'what' by saying: ﴿of women﴾; meaning: whether they were female slaves or not; by marriage or possession of right hand; and he expressed it with 'what' instead of 'who' due to the common foolishness found in women regarding those who do not possess reason.
And when he prohibited that; the souls withdrew from what had been accustomed to its beauty; (p-228) it became clear that it is extremely ugly; and that inclination towards it is merely an animalistic desire; having nothing of reason in it; nor nobility; and their custom in such matters - while regretting the act - was to inquire about what had passed of it - as occurred in facing the direction of Bayt al-Maqdis; and drinking wine -; he followed it with an exception from the necessary ruling; which is: 'for it necessitates the wrath of whoever commits it; and his punishment'; so he said: ﴿Except for what has passed﴾; meaning: for you from the act of that in the days of ignorance; as Al-Shafi'i - may Allah have mercy on him - said in 'Al-Um': 'Al-Suhaili said in his garden: and that was permissible in the days of ignorance due to a prior Shari'ah; and it was not among the prohibitions that they violated'; then he justified the prohibition by saying: ﴿Indeed, this marriage﴾; meaning: now; and what follows it; is a firmly established state; ﴿a great sin﴾; meaning: and a great sin is not committed by one who is of sound mind; ﴿and a great outrage﴾; meaning: the most wicked of what occurs between you; and between those of high aspirations; for what you have violated of the sanctity of your fathers; ﴿and an evil path﴾; meaning: how ugly is the path of it.
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