for if it were needed, the Messenger, peace and blessings be upon him, would have been the first to make this exception. The hadith, “Nursing makes unlawful whatever blood relationship makes unlawful,” is general, whereas in this issue the prohibition arises through marital ties—that is, in the case of blood relationship—not through nursing.
By the marriage contract, a man’s father’s wife and the wife of every grandfather are forbidden to him; likewise, his son’s wife, no matter how remote the descendant, but not their daughters or mothers. His wife’s mother and grandmothers become forbidden to him by the contract, while her daughter and the daughters of her descendants become forbidden to him only after consummation.
His statement, “By the marriage contract, a man’s father’s wife and the wife of every grandfather are forbidden to him; likewise, his son’s wife, no matter how remote the descendant, but not their daughters or mothers. His wife’s mother and grandmothers become forbidden to him by the contract, while her daughter and the daughters of her descendants become forbidden to him only after consummation”: this concerns those made forbidden through marital ties, which is the connection between two persons resulting from a marriage contract; there is neither blood relationship nor nursing involved.
His statement, “By the contract, [they become] forbidden,” means the marriage contract, as indicated by his words, “his father’s wife.” Thus, once a man contracts marriage with a woman, it becomes forbidden for his son to marry her, whether he consummated the marriage with her or not. Even if he divorces her before consummation, or dies before consummating the marriage, she remains forbidden to his son. This is due to Allah’s saying:
“Do not marry those women whom your fathers married—except what has already passed. Indeed, it is an outrageous sin, abhorrent, and an evil way.” [al-Nisa’ 4:22]
Regarding fornication, He says:
“Do not go near fornication. It is truly an outrage and an evil way.” [al-Isra’ 17:32]
He did not say, “abhorrent,” which shows that marrying one’s unmarriageable kin is more severe than fornication. Hence, the preponderant view is that whoever marries one of his unmarriageable kin is to be executed in all cases, even if he has never previously married; unlike fornication, for one who has never previously married is not stoned.
His statement, “By the contract, [they become] forbidden”: is it stipulated that the contract be valid? The answer is yes, because an invalid contract is not termed a contract. Thus, if