Chapter: Women Prohibited in Marriage

His statement, “Women prohibited in marriage”: what is meant by “prohibited” is those who are forbidden, for prohibition means prevention. From the same root is the term for the protected vicinity of a well: that which lies close to it, since it prevents the development of the land surrounding the well.

Are the women lawful for marriage defined by a limit or individually enumerated? The answer is that they are defined by a limit, whereas those prohibited are individually enumerated. Thus, if we are uncertain, the basic presumption is permissibility, because when something defined generally by an unrestricted expression is not known with certainty to have had anything excluded from it, the presumption is that it retains its generality.

The women prohibited in marriage fall into categories. The author—may Allah have mercy on him—has grouped them together, but we shall, Allah willing, explain each category separately. We say: women prohibited in marriage are of two types: those prohibited permanently and those prohibited temporarily. The reference point in determining prohibition and permissibility is the Quran and the sunnah: whatever the Quran and sunnah indicate to be prohibited is forbidden, and whatever they do not indicate as such is not.

“Permanently prohibited are: one’s mother, every grandmother, however remote; one’s daughter; one’s son’s daughter; and the daughters of both of them, whether from lawful or unlawful relations, however remote; …”

His statement, “permanently prohibited,” means prohibited forever. This is the first category, and it comprises five types: prohibition due to blood relationship, fosterage, marriage ties, mutual imprecation, and reverence.

We begin with the easiest: those prohibited out of reverence—namely, the wives of the Messenger ﷺ. Allah, Exalted is He, says:

“And it is not for you to harm the Messenger of Allah or to marry his wives after him, ever.” [al-Ahzab 33:53]

Thus, they are prohibited