Tafsir for verses: 4:22, 4:23
وَلَا تَنكِحُواْ مَا نَكَحَ ءَابَآؤُكُم مِّنَ ٱلنِّسَآءِ إِلَّا مَا قَدۡ سَلَفَۚ إِنَّهُۥ كَانَ فَٰحِشَةٗ وَمَقۡتٗا وَسَآءَ سَبِيلًا ٢٢ ﴿22 حُرِّمَتۡ عَلَيۡكُمۡ أُمَّهَٰتُكُمۡ وَبَنَاتُكُمۡ وَأَخَوَٰتُكُمۡ وَعَمَّٰتُكُمۡ وَخَٰلَٰتُكُمۡ وَبَنَاتُ ٱلۡأَخِ وَبَنَاتُ ٱلۡأُخۡتِ وَأُمَّهَٰتُكُمُ ٱلَّٰتِيٓ أَرۡضَعۡنَكُمۡ وَأَخَوَٰتُكُم مِّنَ ٱلرَّضَٰعَةِ وَأُمَّهَٰتُ نِسَآئِكُمۡ وَرَبَٰٓئِبُكُمُ ٱلَّٰتِي فِي حُجُورِكُم مِّن نِّسَآئِكُمُ ٱلَّٰتِي دَخَلۡتُم بِهِنَّ فَإِن لَّمۡ تَكُونُواْ دَخَلۡتُم بِهِنَّ فَلَا جُنَاحَ عَلَيۡكُمۡ وَحَلَٰٓئِلُ أَبۡنَآئِكُمُ ٱلَّذِينَ مِنۡ أَصۡلَٰبِكُمۡ وَأَن تَجۡمَعُواْ بَيۡنَ ٱلۡأُخۡتَيۡنِ إِلَّا مَا قَدۡ سَلَفَۗ إِنَّ ٱللَّهَ كَانَ غَفُورٗا رَّحِيمٗا ٢٣ ﴿23
22Do not marry those women whom your fathers had married except what has passed. It is indeed shameful and detestable, and it is an evil practice. 23Prohibited for you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, daughters of brother, daughters of sister, your mothers who suckled you, your sisters through suckling,mothers of your wives and your step-daughters under your care who are born of your women with whom you have had intercourse,-though if you have not had intercourse with them, there is no sin on you,-and the wives of your sons from your loins, and that you combine two sisters (in wedlock), except what has passed. Surely, Allah is Most-Forgiving, Very-Merciful.
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Commentary

His saying, the Exalted and Majestic: "And do not marry those whom your fathers married of women, except for what has already passed. Indeed, it was a great immorality and a hateful thing and an evil way." "Forbidden to you are your mothers and your daughters and your sisters and your paternal aunts and your maternal aunts and the daughters of your brother and the daughters of your sister and your mothers who have suckled you and your sisters through suckling and the mothers of your wives."

This verse is addressed to the believers among the Arabs at the time of the revelation of the verse. The meaning of the verse and the prohibition that follows it is firmly established for all believers. The reason for the verse is that among the Arabs, there were tribes that were accustomed to a man inheriting his father's wife, as we have mentioned regarding the matter of Abu Amr ibn Umayyah ibn Abd Shams, and among them is the news of Abu Qais ibn al-Aslat, and among them is Safwan ibn Umayyah ibn Khalaf, who married after his father the daughter of al-Aswad ibn al-Muttalib ibn Asad, and she was the wife of his father who was killed. Among them is Manzur ibn Zabban, who inherited Mulaykah bint Khawrah, who was with his father Zabban ibn Sayyar, and there are many such cases. And there was among the Arabs one who married his daughter, and he is Hajib ibn Zurara, who committed this act, as mentioned by al-Nadr ibn Shumayl in the Book of Muthalib. So Allah prohibited the believers from what their fathers were upon of these practices. Ibn Abbas said: The people of ignorance used to prohibit what is prohibited, except for the wife of the father and the combining of two sisters, so this verse was revealed regarding that.

The interpreters have differed regarding the implications of the words of the verse. A group said: His saying, "what your fathers married" refers to women, meaning: do not marry the women whom your fathers married. And His saying, "except for what has already passed" means: but what has already passed, leave it. Some of them said: The meaning is: but what has already passed is excused for you for whoever has engaged in it. It is as if He, the Exalted, said: "And do not do this except for what has already passed." Thus, "what" in this saying refers to those who are rational regarding these women, a category of those who are rational, and "what" applies to types and descriptions of those who are rational. Another group said: His saying, "what your fathers married" refers to the actions of the fathers, meaning: do not marry as your fathers married from their invalid contracts. And His saying, "except for what has already passed" means: except for what has preceded from you and occurred from those invalid contracts, it is permissible for you to remain upon it in Islam, if it is something that can be managed in terms of kinship, and the Shari'ah permits it if the marriage was initiated in Islam according to its Sunnah. It was said: The meaning of "except for what has already passed" is that it is excused for you.

The judge Abu Muhammad, may Allah have mercy on him, said: "And what" in this context is a source, and in the reading of Ubayy ibn Ka'b: "except for what has already passed except for whoever repents."

The judge Abu Muhammad, may Allah have mercy on him, also reported this from Abu Amr al-Dani.

Ibn Zayd said: The meaning of the verse is the prohibition against a man having relations with a woman who has been married by his forefathers, except for what has already occurred from the forefathers in the days of ignorance concerning fornication, not in the context of marriage. Therefore, their marriage is permissible for you in Islam, because that fornication was a disgraceful act. Ibn Zayd added that this verse includes the concept of hatred.

Ibn Abbas, may Allah be pleased with him, said in the interpretation of this verse: Every woman whom your father or your son has married, whether he has consummated the marriage or not, is forbidden to you. And "was" in this verse implies both the past and the future. Al-Mubarrid said: It is an addition, and that is a mistake, as the existence of the reported news is established; and "hatred" refers to disdain and contempt due to a vile act committed. So, Allah, glorified and exalted is He, named this marriage as hatred, as it is associated with hatred that befalls the one who commits it. Abu Ubaidah and others said: The Arabs used to refer to a child born from the marriage of the father as "the one who is hated." And His saying: "And how evil is the path" means: How evil is the way and method for one who follows it, as its consequence leads to the punishment of Allah.

And His saying, glorified and exalted is He: "Forbidden to you..." the verse, is a ruling by which Allah has prohibited seven from kinship, and six from breastfeeding and marriage ties. The transmitted Sunnah has added a seventh, which is the combination of a woman and her paternal aunt, and consensus has been established on this. It has been narrated from Ibn Abbas that he said: Seven are forbidden from kinship, and seven from marriage ties, and he recited this verse. Amr ibn Salim, a client of the Ansar, said similarly, and he made the seventh the saying of Allah, glorified and exalted is He: "And the married women from among women" [An-Nisa: 24]. The prohibition of mothers is general in every case and does not specify any particular aspect, and the scholars call it "the ambiguous" meaning there is no door in it, nor a way to it due to the closure of the prohibition and its strength. Likewise, the prohibition of daughters and sisters is the same; the mother is anyone who has given birth to a person, regardless of her lineage, and the daughter is anyone she has given birth to, regardless of her lineage. As for the sister, whether from both parents or from one parent, she is the one who shares with him a lineage or womb. The paternal aunt is the sister of the father, and the maternal aunt is the sister of the mother; likewise, in both of them is generality and ambiguity. Similarly, the paternal aunt of the father and his maternal aunt, and the maternal aunt of the mother and her paternal aunt. As for the maternal aunt of the maternal aunt, it depends; if the aunt is the sister of a mother from a father, then the maternal aunt is forbidden, as she is the sister of the grandmother. But if the aunt is merely the sister of a father from a father, then her maternal aunt is foreign from the children of her brother, and she is permissible for men, and it is permissible to combine her with women. Likewise, the aunt of the maternal aunt is considered; if the maternal aunt is the sister of a mother from a father, then her aunt is forbidden, as she is the sister of a grandfather. But if the maternal aunt is the sister of a mother from a mother, then her aunt is foreign from the children of her sister. Likewise, in the daughters of the brother and the daughters of the sister, there is generality and ambiguity, whether the brotherhood is full or from a father or a mother.

Abu Haywah read: "from the breastfeeding" with a kasrah on the ra. Breastfeeding prohibits what lineage prohibits. The wet nurse is a mother, and what precedes from her children and what follows are siblings. The father of the milk is a father, and what precedes from his children and what follows are siblings. Ibn Mas'ud read: "the nursing" with a kasrah on the ya. Ibn Hurmuz read: "and your mothers who" in the singular, as if it is from the aspect of ambiguity, applicable to both the singular and the plural.

(p-508) The people disagreed in the interpretation of His saying, the Exalted: ﴿and the mothers of your women﴾. The majority of the people of knowledge said: it is a complete generality for whoever has entered upon her or has not entered. By the contract with the daughter, the mother is prohibited. This is the view of the majority of the Companions and the Followers and the jurists of the cities. It has been narrated from Ali ibn Abi Talib that it was said to him about a man who married a woman and divorced her before he entered upon her: can he marry her mother? He said: Yes, she is like a stepdaughter.

Qadi Abu Muhammad, may Allah have mercy on him, said: He means by His saying, the Exalted: ﴿from your women whom you have entered upon﴾ is a condition in this and in the stepdaughter. A similar narration has been reported from Ibn Abbas, and it has been narrated from him like the saying of the majority. It has been narrated from Zayd ibn Thabit that he used to say: if she dies with him and he takes her inheritance, it is disliked for him to marry her mother, and if he divorced her before he entered upon her, then if he wishes, he may do so. Mujahid said: entering is intended in both cases, and the saying of the majority of the people contradicts this saying. It has been narrated in this regard from Zayd ibn Thabit that he said: (the mothers of your women) is ambiguous, and the condition is only in the stepdaughters. Ibn Jurayj said: I said to Ata: did Ibn Abbas read: "and the mothers of your women whom you have entered upon"? He said: do not be concerned. Hajjaj said: I said to Ibn Jurayj: what do you mean by do not be concerned? He said: as if he said: no, no. This saying is refuted from the aspect of grammar that if the two genitives differ, their description cannot be one. Its meaning is: if they differ in the subject, and this verse has differing types of subjects.

**His saying, the Exalted: ﴿and your stepdaughters who are in your guardianship from your women whom you have entered upon; if you have not entered upon them, then there is no sin upon you; and the wives of your sons who are from your loins; and that you combine between two sisters except what has already occurred. Indeed, Allah is Forgiving and Merciful﴾.

The term 'rabeebah' refers to the daughter of a man's wife from another man. It is named so because he raises her in his care, so she is his raised one. 'Rabeebah' is a feminine form meaning 'one who is raised.' And His saying, 'those in your care,' mentions the most common situation regarding this matter, as it is the case of the rabeebah in most instances. She is prohibited even if she is not in his care, because she is considered as if she is in his care, except for what has been narrated from Ali, may Allah be pleased with him, that he said: 'It is permissible if she is not in his care, even if he has entered upon her mother, provided that she is far from him.' It is said: 'hajr' with the breaking of the 'h' and the opening of it, which refers to the front of a person's garment and what is in front of him of it while wearing it. Then the term was used in the context of protection and covering, because the wearer indeed protects a child or something similar in that part of the garment.

The scholars differed regarding the meaning of His saying, 'You have entered upon them.' Ibn Abbas, Tawus, and Ibn Dinar said: 'Entering' in this context means sexual intercourse. If a man divorces after the marriage contract but before consummation, then her daughter is lawful for him. A majority of scholars, including Malik ibn Anas, Ata ibn Abi Rabah, and others, said: 'Touching, kissing, and lying together, and all forms of enjoyment, prohibit the daughter just as intercourse does.' And 'halail' is the plural of 'halilah,' which means the wife, because she is permissible with the man wherever he is permitted. Thus, it is a feminine form meaning 'one who is permitted.' Al-Zajjaj and some others said that it is derived from the term 'halal,' so it means 'permissible.' And His saying, 'those from your loins,' specifies to exclude everyone whom the Arabs would adopt who is not from the loins, and this was a significant matter among them.

Ata ibn Abi Rabah said: 'It is said, and Allah knows best, that it was revealed concerning Muhammad, blessings and peace be upon him, when he married the wife of Zayd ibn Harithah. The polytheists said: 'He has married the wife of his son,' so the verse was revealed.

The wife of the son through suckling is also prohibited, even if she is not from the loins; this is by consensus based on His saying, peace be upon him: 'What is prohibited by lineage is also prohibited by suckling.' And His saying, 'And that you do not combine between two sisters except what has passed,' is a term that encompasses both combination through marriage and through possession. The community has agreed on prohibiting their combination through marriage. As for through possession, Uthman ibn Affan, may Allah be pleased with him, said: 'One verse has made them permissible, and another verse has made them prohibited.' As for me, regarding my own self, I do not see the combination between them as good. This has been narrated similarly from Ibn Abbas, as mentioned by Ibn al-Mundhir. It has been reported that Ishaq ibn Rahawayh prohibited the combination between them through intercourse, and that the majority of scholars disliked that, and Malik placed it among those who disliked it.

The judge Abu Muhammad, may Allah have mercy on him, said: 'There is no disagreement regarding the permissibility of combining them in possession, as well as the mother and her daughter. It is derived from Ishaq's saying that the one who combines them through intercourse should be stoned, and the dislike is inferred from Malik's saying: 'If he has intercourse with one, then he has intercourse with another; he should refrain from both until one of them is made unlawful for him, and he is not obliged to a punishment.'

The scholars differed after the statement regarding the prohibition of combining between them by intercourse. If he has intercourse with one and then intends to have intercourse with the other, Ali ibn Abi Talib, may Allah be pleased with him, Ibn Umar, Al-Hasan Al-Basri, Al-Awzai, Al-Shafi'i, Ahmad, and Ishaq said: It is not permissible for him to have intercourse with the second until he prohibits the private part of the other by removing it from his ownership, through sale, emancipation, or by marrying her off. Ibn Al-Mundhir said: There is a second opinion from Qatadah, which is that if he has intercourse with one and intends to have intercourse with the other, then he intends to prohibit the first one upon himself and not to approach her. Then he should refrain from her until he ensures the purity of the first prohibited one, then he may approach the second.

Qadi Abu Muhammad, may Allah have mercy on him, said: The position of Malik, may Allah have mercy on him, is that if there are two sisters with a man who owns them, he may have intercourse with whichever one he wishes. Refraining from the other is left to his trustworthiness. If he intends to have intercourse with the other, he must prohibit the private part of the first one upon himself by an action he performs, such as removing her from ownership, or marrying her off, or emancipation for a period, or long service. If he has intercourse with one of them and then jumps onto the other without prohibiting the first, he is stopped from both and it is not permissible for him to approach either until he prohibits the other. This is not left to his trustworthiness, because he is suspected regarding the one he has already had intercourse with, whereas he was not previously suspected since he had only had intercourse with one.

If there is a slave woman with a man whom he has intercourse with, and then he marries her sister, there are three opinions in the school regarding the third marriage from the recorded texts: that he is stopped from both when the marriage contract occurs until he prohibits one of them, despite his dislike for this marriage, as it is a contract in a place where intercourse is not permissible, and that is disliked except during menstruation, as it is a common matter. In the same context, there is another saying: that the marriage does not take place. Ashhab said in the Book of Ensuring Purity: The marriage contract with one is a prohibition for the private part of the owned one. It has been established from the Prophet, blessings and peace be upon him, that he prohibited combining between a woman and her aunt, and between a woman and her maternal aunt. The ummah has agreed on this. Some scholars have seen that this hadith abrogates the generality of His saying, the Most High: "And prohibited to you are what is beyond that" [An-Nisa: 24]. This hadith is among the mutawatir narrations, as is his saying, peace be upon him: "What is prohibited by breastfeeding is like what is prohibited by lineage." It was also said that it is abrogating.

His saying, the Most High: "Except for what has passed" is an exception that is disconnected. Its meaning is: But what has passed from that and occurred and was removed by Islam, then Allah forgives it, and Islam abrogates it.

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