MARRIAGE SECTION · 13 – WOMEN WHO MAY NOT BE MARRIED UNDER THE SAME MARRIAGE CONTRACT
Abu Hurayra (may Allah be pleased with him) narrated:
The Messenger of Allah (peace and blessings upon him) said: “A woman cannot marry her maternal aunt, nor can an aunt marry her nephew; a woman cannot marry her paternal aunt, nor can a paternal aunt marry her nephew. These are from [prohibited relationships], the elder over the younger, and the younger over the elder.”
Abu Hurayrah (may Allah be pleased with him) narrated:
The Messenger of Allah (peace and blessings upon him) forbade marrying a woman to her maternal aunt and a woman to her paternal aunt.
Abdullah ibn Abbas, may Allah be pleased with him, narrated that the Messenger of Allah, peace and blessings be upon him, forbade marriage between a woman and her maternal aunt, a woman and her paternal aunt, two aunts (whether maternal or paternal), and two maternal aunts, all under one marital bond.
Urve b. Zubayr (may Allah be pleased with him) narrated:
Urwa said: The Messenger of Allah (peace and blessings be upon him) inquired of his wife Aisha (may Allah be pleased with her) about the verse, meaning: “If you fear that you will not deal justly with the orphans, then marry women who please you – two or three or four.” (An-Nisa 4:3) Aisha (may Allah be pleased with her) said, "O nephew of my brother, she was an orphaned girl who resided with her guardian and shared in his property. The guardian liked the orphan’s wealth and beauty, and intended to marry her without observing justice in her mahr, nor giving her a mahr equivalent to what others gave her. Consequently, they were forbidden from marrying them. However, they are exempted if they observe justice towards them and excel in their mahrs, and they were commanded to marry those women who please them other than them.” Urwa said: Aisha (may Allah be pleased with her) then stated that the people asked the Messenger of Allah (peace and blessings be upon him) for a ruling regarding orphans.
The Mighty and Sublime Allah (Glorified and Exalted be He) revealed, meaning: “They ask you about women. Say, ‘Allah gives you counsel concerning them, and what you recite in the Qur’an to you, and Allah has given you knowledge of that which you did not know.’ And regarding the orphaned girls under your care for whom you desire marriage, Allah gives you counsel therein.” Aisha (may Allah be pleased with her) said: It is the first verse that Allah revealed in His Book concerning them; wherein the Mighty and Sublime Allah stated, meaning: “If you fear that you will not deal justly with orphans,” Aisha (may Allah be pleased with her) says: The statement of the Almighty and Sublime Allah in another verse, meaning: "and you desire them," is your inclination towards an orphaned girl who has little wealth and beauty in your home. Thus, these guardians were forbidden from marrying those orphaned women whom they desired because of their wealth and beauty. However, if they observe justice, it is exempted. The narrator Yunus said: Rabia said: “The statement of the Almighty and Sublime Allah, ‘If you fear that you will not deal justly with orphans,’ means, ‘if you fear, then leave them; I have made permissible for you four women.’”
Ali ibn al-Husayn, may Allah be pleased with him, narrated:
We came from the place where al-Husayn was martyred, from near Yazid, son of Muawiyah, to Medina. Mahrah’s son Miswar encountered Ali and said to him, “Do you have any need that I can fulfill for you?” I replied to him, "No." Then Miswar said, “Would you give me the sword of the Messenger of Allah, sallallahu alayhi wa sallam? For I fear my tribe will lose it (be defeated with it). By Allah’s divinity, if you were to give it to me, no one would take it from me until death overtakes me.” Indeed, Ali, may Allah be pleased with him, sought kinship through Abu Jahl's daughter for Fatima. I heard the Messenger of Allah, sallallahu alayhi wa sallam, speaking to the people on his minbar regarding this matter. And I was at that time reached maturity. The Messenger of Allah, sallallahu alayhi wa sallam, said: “Fatima is part of me. I fear fitna (discord) will be introduced into the religion of Fatima.” Miswar then spoke about the sorcery between the Banu Abd Shams. He praised his lineage beautifully and said: "When he speaks to me, he tells the truth. He makes promises to me, and he fulfills those promises with me. I do not make what is lawful unlawful, nor do I make what is unlawful lawful. But I swear by Allah that the daughter of the Messenger of Allah, sallallahu alayhi wa sallam, and the daughter of Allah’s enemy cannot be in one place (in a house, within the marriage of the same person) legitimately.”
The preceding narration was related from Ibn al-Mulaykah, but this account contained the addition that Miswar said: Upon that, Ali did not mention this marriage again.
Miswar ibn Mahrama, may Allah be pleased with him, narrated:
I heard the Messenger of Allah, peace and blessings be upon him, say while on the pulpit: “The sons of Hisham ibn Mughira came to me asking for my permission to marry their daughters to Ali, may Allah be pleased with him. I said, ‘I will not grant it, I will not grant it.’ Unless the son of Abu Talib wishes to marry, then he divorces them and marries their daughters. Indeed, my daughter is a part of me. Whatever causes her suspicion causes me suspicion. And whatever brings her distress brings me distress.”