Ibn Kathir - Mutah

Stirah 4. An-Nisa’ (Part-5) 421 ¢...and two sisters in wedlock at the same time, except for what has already passed ;> The Ayah commands: you are prohibited to take two sisters as rival wives, or rival female-servants, except for what had happened to you during the time of Jahiliyyah, which We have forgiven and erased. Therefore, no one is allowed to take or keep two sisters as rival wives, according to the consensus of the scholars of the Companions, their followers, and the Imams of old and present. They all stated that taking two sisters as rival wives is prohibited, and that whoever embraces Islam while married to two sisters at the same time is given the choice to keep one of them and divorce the other. Imam Ahmad recorded that Ad-Dahhak bin Fayraz said that his father said, “I embraced Islam while married to two sisters at the same time and the Prophet 3% commanded me to divorce one of them.” !" 6 LG Ke os Soe BG fey Beers te oe ay ka 424. Also (forbidden are) women already married, except those (slaves) whom your right hands possess. Thus has Allah ordained for you. All others are lawful, provided you seek them (with a dowry) from your property, desiring chastity, not fornication. So with those among them whom you have enjoyed, give them their required due, but if you agree mutually (to give more) after the requirement (has been determined), there is no sin on you. Surely, Allah is Ever All-Knowing, All-Wise.> Forbidding Women Already Married, Except for Female Slaves Allah said, GAS KE Oy HG, Lecxtby ") Abmad 4:232.422 Tafsir Ibn Kathir Also (forbidden are) women already married, except those whom your right hands possess.» The Ayah means, you are prohibited from marrying women who are already married, ie SKE CHD except those whom your right hands possess> except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant. Imam Ahmad recorded that Abu Said Al-Khudri said, “We captured some women from the area of Awtés who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet 3 about this matter, and this Ayah was revealed, ieee 3K CH KM % eaxthy Also (forbidden are) women already marricd, except those whom your right hands possess>. Consequently, we had sexual relations with these women.”!!! This is the wording collected by At-Tirmidhi?! An-Nasai,*! Ibn Jarir!*! and Muslim in his Sahih.'*! Allah’s statement, «KE ASD means, this prohibition was ordained for you by Allah. Therefore, adhere to Allah’s Book, do not transgress His set limits, and adhere to His legislation and decrees. The Permission to Marry All Other Women Allah said, Ke 55 6 LD (1 Ahmad 3:72 "21 Tunfat ALAhwadhi 4 :282 ‘9! An-Nasa’l in Al-Kubré 3 :308 (41 at-Tabari 8:153 '5! Muslim 2:1080Stirah 4. An-Nisé’ (Part-5) 423 €All others are lawful» meaning, you are allowed to marry women other than the prohibited types mentioned here, as ‘Ata’ and others have stated, 1 Allah's statement, op provided you seek them (with a dowry) from your property, desiring chastity, not fornication ,> meaning, you are allowed to use your money to marry up to four wives and for (the purchase of) as many female slaves as you like, all through legal means, Kea Sod (desiring) chastity, not fornication .> Allah’s statement, iss Sosd BIG Ye oy BEE ap Saat FE Seat Kigh F So with those among them whom you have enjoyed, give them their required due, means, to enjoy them sexually, surrender to them their rightful dowry as compensation. In other Aydt, Allah said, doi fh es IS ME amp ¢And how could you take it (back) while you have gone in unto each other}, ib Syke a GD ¢And give to the women (whom you marry) their dowry with a good heart, and, 468 Sete TE DME J ed Je wap And it is not lawful for you (men) to take back (from your wives) any of what (dowry) you gave them> Prohibiting the Mut‘ah of Marriage Mujahid stated that, dns thal Bhs 3 BEES > " ap-Tabari 8 :172424 Tafsir Ibn Kathir €So with those among them whom you have enjoyed, give them their required due,> was revealed about the Mut‘ah marriage.''! A Mut‘ah marriage is a marriage that ends upon a predeterminied date. In the Two Sahihs, it is recorded that the Leader of the Faithful ‘Ali bin Abi Talib said, “The Messenger of Allah 2 prohibited Mut‘ah marriage and eating the meat of domesticated donkeys on the day of Khaybar (battle).”2! In addition, in his Sahih, Muslim recorded that Ar-Rabi‘ bin Sabrah bin Ma‘bad Al-Juhani said that his father said that he accompanied the Messenger of Allah 35 during the conquest of Makkah, and that the Prophet 3 said, GF Bol Oy ee Ge pets 20 people! I allowed you the Mut‘ah marriage with women before. Now, Allah has prohibited it until the Day of Resurrection. Therefore, anyone who has any women in Mut'ah, let him let them go, and do not take anything from what you have given them.s*! Allah’s statement, KE Ce > but if you agree mutually (to give more) after the requirement (has been determined), there is no sin on you.> is similar to His other statement, Se at BiSb And give to the women their dowry with a good heart». The meaning of these Aydt is: If you have stipulated a dowry for her, and she later forfeits it, either totally or partially, then this bears no harm on you or her in this case. Ibn Jarir said, “Al-Hadrami said that some men would designate a certain dowry, but then fall into financial difficulties. Therefore, Allah Soe ') At-Tabari 8:176 "1 Fath Al-Bari 9 :590, Muslim 2:1027. 'S) Muslim 2:1025Stirah 4. An-Nisa’ (Part-5) 425 said that there is no harm on you, O people, concerning your mutual agreement after the requirement (has been determined).”") meaning, if she gives up part of the dowry, then you men are allowed to accept that. Allah’s statement, CS Lu 5k ahi GD is suitable here, after Allah mentioned these prohibitions. BA KEY LS ad ners z cl 5 Sf Sch sal ot § ae! & acd oN Bid Ads EN Gh Sh) OS Ga Marrying a Female Slave, if One Cannot Marry a Free Woman Allah said, those who do not have, 4s KD the means}, financial capability, 45 2 fens BD it ‘At-Tabari 8:180

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