Hadith 2015

Footnotes

1. 1

   [1] Meaning either: If one prohibits something for himself, it does not make the thing unlawful, or the commission of an unlawful act will not, by itself, makes something else unlawful.

Commentary

According to the majority of the scholars, if a man committed adultery with a woman, his marriage with this woman will not be unlawful because of the illegal sex; neither the mother of this woman will be unlawful as mother-in-law for the man, nor the daughter of this woman will be unlawful like the stepdaughter. Similarly, if a man commits adultery with his mother-in-law or stepdaughter, then due to this, his wife will not become unlawful for him; because this relation, legally, is not a relationship of wife and husband. The mentioned commandments are related to the wife. The sin of adultery and the entitlement to its punishment is one thing, and it being prohibited is another thing. (For further information see: Tafsir Ahsanul-Bayân by Hâfiz Salâh-uddin Yusuf, Surah : An-Nisâ 4: 23) In the Name of Allāh, the Most Beneficent, the Most Merciful

The following are three types of divorce: Divorce in accordance with the Sunnah: Such a divorce given to a wife during her purity period (the days other than her menses) and on the basis that he has not had intercourse with her during her purity. A husband should divorce her by saying 'I divorce you' or 'You are divorced' and thereafter he maintains her living expenses; and he keeps her in his house for the waiting period (which is three menses or three months) and they should separate after the waiting period is over. This is the best way to divorce. Restoring one's wife after issuing such a divorce is consensually correct, and establishing a new bond of marriage after the waiting time has elapsed is also permissible. Divorce contrary to Sunnah: Divorce issued to a woman during her menses or during her purity, in which the husband has had intercourse with her; or pronouncing divorce three times in the same session is contrary to the Sunnah. False or Ineffective Divorce: Divorce issued by a person being forced to do so, divorcing before establishing a bond of marriage, divorce of a child, divorce of an insane person, or the divorce of an unconscious person are all ineffective.