Question: I would like you
to explain the following verse:
Prohibited to you [for marriage] are your mothers,
daughters, sisters, father’s sisters, mother’s sisters; brother’s daughters,
sister’s daughters, foster-mothers, foster-sisters, your wives’ mothers,
your step-daughters under your guardianship born of your wives to whom
you have gone in, – no prohibition if you have not gone in – [those who
have been] wives of your sons proceeding from your loins and two sisters
in wedlock at the same time, except for what is past; for Allah is Oft-forgiving,
Most Merciful (4:23)
In this verse, I specifically want to
know the clarification and wisdom behind the following saying: ‘no prohibition
if you have not gone in’. Please educate me if this option of marriage
has any Shan-i-Nuzul (occasion of revelation).
Answer: I think your questions
can be answered properly if the verse is translated like this:
[Forbidden to you] are those ladies born of your
wives with whom you have had sexual intercourse. And if you haven’t had
sexual intercourse with them, then there is no prohibition. (4:23)
It is apparent that the verse alludes
to the daughters of a lady who enters into a new matrimonial contract.
It says that if her new marriage has been consummated, her daughters would
become unlawful for her husband. In other words, her husband cannot marry
any of her daughters from her previous marriage(s) after divorcing her,
if he has established a conjugal contact with her.
The implication evidently is that these daughters of
the lady have become like daughters to her husband because he has gone
to the field whereof his wife’s daughters have been born. A marriage though
is established by signing a matrimonial contract, it is the consummation
of marriage that is actually the culmination, which makes the couple wife
and husband in the truest sense. This now means that the wife’s relationships
become those of the husbands and vice versa. As an obvious corollary, this
situation does not arise if the husband divorces his wife before establishing
conjugal contact with her. It is in this case, that the husband has been
allowed to marry the daughter of his ex-wife, born of her previous marriage.
I am afraid I have not been able to
trace any Shan-i-Nuzul mentioned regarding this verse. And I opine
that there is, in fact, no need to find it out. It is actually the context
of the Holy Qur’an, which portrays the circumstances that must have
existed when any verse was revealed.
(Jhangeer Hanif)
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