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Section 4 - Women who may be taken in wedlock
"Unlawful to wed blood and foster relations - Not to marry two sisters at a time - To marry free women - Laws regards wedding slave girls."
23. " Forbidden to you (in marriage) are your mothers, and your daughters, and your sisters, and your parental aunts and your maternal aunts, and daughters of your brother and daughers of your sister, and your mothers that have suckled you, and your foster sisters, and the mothers of your wives, and your step-daughters who are in your guardianship (born) of your wives to whom you have gone in, but if you have not gone in to them, there shall not be a sin on you (to marry their daughters), and the wives of your sons who are of your own loins. And (it is forbidden to you) that you should have two sisters together (at the same time), except what has already passed, verily Allah is Forgiving, Merciful."
Commentary :
In this verse, those women with whom marriage is forbidden are pointed out. This prohibition comes forth through three ways: 1) Birth of progeny, genealogical relationship; 2) marriage, (casual relationship); 3) suckling, (foster relationship).
The marriages with the above mentioned relatives, which had occurred before the revelation of this verse, were forgiven. The prohibition of marriage with some relatives had been enjoined in the former divine religions, too. For example, the Torah, book of Leviticus, Chapter 18, verses 6 to 23 are as follows:
6. None of you shall approach to any that is near of kin to him, to uncover their nakedness: I am the LORD.
7. The nakedness of thy mother, shalt thou not uncover: She is thy mother; thou shalt not uncover her nakedness.
8. The nakedness of thy father's wife shalt thou not uncover: it is thy father's nakedness.
9. The nakedness of thy sister, the daughter of thy father, or daughter of thy mother, whether she be born at home, or born abroad, even their nakedness thou shalt not uncover.
10. The nakedness of thy son's daughter, or of thy daughter's daughter, even their nakedness thou shalt not uncover: for their's is thine own nakedness.
11. The nakedness of thy father's wife's daughter, begotten of thy father, she is thy sister, thou shalt not uncover her nakedness.
12. Thou shalt not uncover the nakedness of thy father's sister: she is thy father's near kinswoman.
13. Thou shalt not uncover the nakedness of thy mother's sister: for she is thy mother's near kinswoman.
14. Thou shalt not uncover the nakedness of thy father's brother, thou shalt not approach to his wife: she is thine aunt.
15. Thou shalt not uncover the nakedness of thy daughter in law: she is thy son's wife; thou shalt not uncover her nakedness.
16. Thou shalt not uncover the nakedness of thy brother's wife: it is thy brother's nakedness.
17. Thou shalt not uncover the nakedness of a woman and her daughter, neither shalt thou take her son's daughter, or her daughter's daughter, to uncover her nakedness; for they are her near kinswomen: it is wickedness.
18. Neither shalt thou take a wife to her sister, to vex her, to uncover her nakedness, beside the other in her life time.
19. Also thou shalt not approach uncover to a woman to uncover her nakedness, as long as she is put apart for her uncleanness.
20. Moreover thou shalt not lie carnally with thy neighbour's wife, to defile thyself with her.
21. And thou shalt not let any of thy seed pass through the fire to Molech, neither shalt thou profane the name of thy God: I am the LORD.
22. Thou shalt not lie with mankind, as with womankind: it is abomination.
23. Neither shalt thou lie with any beast to defile thyself therewith: neither shall any woman stand before a beast to lie down thereto: it is confusion.
Explanations:
1. The authority of enjoining things to be unlawful (such as alcoholic liquore, some bargains, and married women) is wholy up to Allah.
" Forbidden to you (in marriage) are your mothers, and your daughters, and your sisters, and your parental aunts and your maternal aunts, and daughters of your brother and daughters of your sister, and your mothers that have suckled you, and your foster sisters, and the mothers of your wives, ..."
2. Consider the daughters of your wife from her previous husband who are brought into your house, as your own daughters, and be as a trainee for them, since you are their father.
"... and your step-daughters who are in your guardianship (born) of your wives to whom you have gone in, but if you have not gone in to them, then there shall not be a sin on you (to marry their daughters),..."
3. The wives of your sons, who are from your own dynasty, are unlawful for you to marry, and the wives of your adopted sons, as well.
"... and the wives of your sons who are of your own loins...."
4. The contemporary marriage with two sisters usually draws them toward personal jealousy and competition and, finally, their love and affections may be led to detestation. The prohibition may be for this reason. The verse says:
"... And (it is forbidden to you) that you should have two sisters together (at the same time), ..."
This is The End of Part Two
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24. " And all married women (are forbidden unto you to marry) except those whom your right hands possess (by Allah's decree in the battle against infidels). It is a written legislation of Allah unto you; and lawful for you are (all women) besides those that you may seek (them) by means of your wealth (as dower) taking them into marriage and not committing fornication. Then as to those of whom you seek content (by temporary marriage), give them their dowries as a duty; and there is no blame on you in whatever you mutually agree after the duty. Verily Allah is All-Knowing, All-Wise."
Commentary:
For non-Muslims, captivity is counted as divorce. It is like the Faith of a woman that when her husband continues his infidelity and the woman has embraced Islam, the very belief separates her from her husband.
To take in marriage a woman who has husband is unlawful from the point of Islam. The woman may be from any nation and with any religion. But captivity is like divorce, and a captive woman should observe a waiting term for one month (one menstruation) from the time she is captured, and if she is in pregnancy period, she must wait until she is delivered of her child. Thus, during this period, no conjugal connection is admissible with her.
This matrimonial device, as a permanent or contemporary spouse, is better than the device of returning her to the infidels or leaving her alone with no guardian.
" And all married women (are forbidden unto you to marry) except those whom your right hands possess (by Allah's decree in the battle against infidels). It is a written legislation of Allah unto you; and lawful for you are (all women) besides those that you may seek (them) by means of your wealth (as dower) taking them into marriage and not committing fornication. ..."
According to several traditions narrated from the holy Imams of Ahlul-Bayt (a.s.), and also according to many commentary books recorded by the scholars of the Sunnis, this phrase of the verse refers to temporary marriage where the above-mentioned holy verse says:
" ... Then as to those of Whom you seek content (by marriage), give them their dowries as a duty. and there is no blame on you in whatever you mutually agree after the duty. Verily Allah is All-Knowing, All-Wise. "
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25. " And whoever among you is not able to financially afford to marry free believing women, then (let him marry) of those (slaves or captives) whom your right hands possess from among your believing maidens; and Allah better knows your faith; you are (sprung) one from the other, so marry them with the permission of their masters and give them their dowries in fairness, they being chaste, not committing lewdness, nor taking paramours. And if when they are married they commit lewdness, their punishment is half that for free women. This (kind of marriage) is for those among you who fear falling into evil. But to have patience would be better for you, and Allah is Forgiving, Merciful."
Commentary:
Following the statements about marriage, this verse expresses the conditions of marrying she slaves whose dowries and expenses are usually lighter and easier. At first it says:
" And whoever among you is not able to financially afford to marry free believing women, then (let him marry) of those (slaves or captives) whom your right hands possess from among your believing maidens;..."
Then it adds that for recognizing their Faith, you are commissioned to hear their apparent expressions, and as for their innate thoughts and hidden secrets, it is so that Allah knows well of your faith.
" ... and Allah better knows your faith, ... "
And, in view of the fact that some men were not so willing to marry the slave maidens, in this verse the Qur'an remarks that all of you have come into being from only one couple, therefore, you must not dislike marrying them. It says:
" ... you are (sprung) one from the other, ... "
Then, the Qur'an points to one of the conditions of this marriage. It is the permission of the concerning master, while without that permission the marriage is invalid. It says:
" ... so marry them with the permission of their masters, ... "
Next to this statement, it says:
" ... and give them their dowries in fairness, ... "
It is understood from this sentence that an appropriate and worthy dowry should be assigned for them, and it must be given to themselves. It is also understood that their slaves can possess some wealth when they have lawfully obtained it.
One of the other conditions that this marriage has, is that these maidens should be taken from among those who are chaste, not from among those who commit manifest lewdness.
" ... they being chaste, not committing lewdness, nor taking paramours. ... "
In agreement with the ordinances stated upon marriage with slave maidens and supporting their rights, the holy verse continues the words about their punishment when they divert from the path of piety and chastity, It says:
" ... And if when they are married they commit lewdness, their punishment is half that for free women. ... "
This part of the holy verse means that they must be beaten only fifty stripes.
Then, it adds that this kind of marriage with such slave maidens is for those who are severely involved in the pressure of the sexual instinct and are not capable to marry free women. Therefore, it is not admissible for men other than them.
" ... This (kind of marriage) is for those among you who fear falling into evil. ... "
But, next to that, it says that being patient and avoiding such sort of marriage, from the point of some ethical and social interests, is of your gain as far as you are able to restrain yourself and you do not fall into committing sin.
" ... But to have patience would be better for you, ... "
At the end of the verse, it remarks that upon what you have done before this, Allah is Forgiving, Merciful. It says:
" ... and Allah is Forgiving, Merciful. "
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