Chapter Three On Matters Causing To Make Marrying

Unlawful.

There are two kinds of such matters

(a) Blood Relations.

(b) Matrimony

People in (a) category are mothers in ascending order like grand, great grandmothers and so on. All daughters in descending order like granddaughters and great-grand daughters and so on. Sisters and her daughters downwards, aunts from both mother and father's sides onwards like parents' aunts and daughters of brother downwards. People in (b) category are those unlawful to marry because of marriage.

Rule (1247) For one who has had sex with a woman, her mother upwards and daughters downwards from her sons or daughters become unlawful for him to marry forever, regardless, they are there before or after having sex.

Rule (1248) After having sex with one's wife she becomes unlawful for marriage to the fathers of husband upwards even a grand father from mothers side and to his children downwards and the same rule applies to father and son's wives with whom sex or no sex has been had. It is unlawful forever for both to marry the others' wife.

Rule (1249) If one forms a marriage contract with a woman and has not yet had sex with her it is unlawful for him forever to marry her mother upwards, and also her daughters, according to a precautionary rule, downwards, regardless, they are from her daughters or sons as long as their mother is his wife, if she departs before having sex it is lawful for him to marry her daughter; if sex has been had with her it becomes unlawful for him forever to marry her daughter but she is not unlawful to marry for his son or father.

Rule (1250) It is unlawful to marry one's sister in-law with one's wife at the same time but not without her, the same rule applies to the daughters of one's sister-in-law and brother-in-law except with the permission of one's wife. If a marriage contract is formed in such case without the permission of one's wife and who then approve it, it is valid without objection.

Rule (1251) If one fornicates with one's aunt from mother's side either front or back it becomes unlawful for him forever to marry her daughters if it is before having marriage contract with her daughter, the same rule applies to fornicating with aunt from father's side. According to a precautionary rule, a fornicator should not marry at all daughters of the woman with whom he has fornicated. About to consider having sex by mistake or fornication after marriage and before having sex similarly, there are two view; considering as such is based on precautionary rule and a better and more clear view says not to do so.

Rule (1252) Kissing, touching and looking with lust etc., are not considered as having the same rule as fornicating, thus, kissing one's aunts or other women or touching them or looking at them with lust does not make it unlawful for him to marry their daughters.

Rule (1253) Fornication and sex by mistake may take place after a consummated marriage is considered as accidental elements, thus, they do not cause it to become unlawful. If one marries his aunt's daughter and consummates the marriage and then commits fornication with his aunt and makes sex by mistake, his wife who is his aunt's daughter does not become unlawful in marriage.

Rule (1254) According to the popular view if one fornicates with a woman it becomes unlawful forever for his father and children to marry this woman if fornication is before marriage, otherwise, not, apparently, it is not unlawful if fornication takes place before marriage, although it is a precaution not to marry in such case.

Rule (1256) It is unlawful for a free person to marry more than four free women at the same time and more than two slave girls; he can combine two free and two slave girls or three free and one slave girl. It is unlawful for a slave to marry more than four slave girls at the same time or two free women, he can marry one free and two slave girls. It is not lawful to marry a slave girl on a free woman except with the free wife's permission, if marriage contract is formed without her permission it is void, but with such permission it is valid according to a more clear view.

If one marries a free woman as co-wife of a slave girl and the woman does not know about it she has the choice about her marriage to keep or dissolve it. If one marries a free woman and a slave girl at the same time, the marriage of free woman is valid and that of the slave girl depends upon the permission of the free woman.

Rule (1257) It is unlawful to form marriage contract with a married woman or a woman whose waiting period (after divorce or death of the husband or expiration of marriage term), is not complete as long as they are in such condition. If one marries such a woman because of not knowing the rule or the person the contract is void. If sex is done it becomes unlawful for him forever to marry her, the child is his if any, he has to pay her an amount equal to her dowry Mahr. If she did not know, according to precautionary rule she should complete the first waiting period, if applicable to her case, and start the second waiting period, according to a more clear view both waiting periods run parallel. If he marries knowing the rule and the person, it becomes unlawful for him forever to marry her because of forming just a marriage contract, the same rule applies, if he married a woman during her waiting period, and knows the rule and the person, but a married woman knowledge has no effect and in the case of waiting period it does not matter, whether it is because of final divorce or a divorce wherein the husband has the choice to return to his wife and resume the marriage or is the waiting period because of the death of the husband or due to sex by mistake also, regardless, the woman experiencing waiting period is free or a slave girl or that the sex is made in the front or back. Waiting period is not of the same rule as the QUARANTINE period of a slave girl or marriage contract or sex by mistake, or ownership, or legalization, the criterion is the knowledge of the husband not that of his guardian or agent.

Rule (1258) It is not lawful to marry a woman in a period of time between the death of her husband and the time she learns about it. Can such time be considered part of waiting period; a given answer is no. If one forms a marriage contract with her at such a time she does not become unlawful for marriage for him even if he knows it and has had sex with her, he must renew the contract after learning the death and completion of waiting period after it but it is very much objectionable, and precaution should not be ignored.

Rule (I259) If he has had sexual intercourse with a boy according to precautionary rule, it becomes unlawful for him forever to marry the boy's mother, his sister, or his daughters even if they are boys not adults. If one is married to one of such ladies before such act, it does not affect the already existing marriage, although it is a precautionary rule to avoid such marriage. Extending this rule to the case wherein one doing the act is a minor the one letting it done to him is an adult, is objectionable, according to a clear view it does not apply. The daughter or brothers and sisters of the one letting it done to him do not become unlawful to one who has done the act.

Rule (1260) If one makes sex with a child less than nine years and it cuts the wall of the urine and feces and or discharge of menses' passages she becomes unlawful for him forever for sex according to necessary Ihtiyat and without such cut it is according to Mustahab precaution.

The rules of matrimony, like maintenance etc., apply in fact, her maintenance is on him for the whole of her life even if she disobeys or is divorced, even if she marries someone else and divorces according to a precautionary rule. If she suffers such injuries after she is nine years old her marriage does not become unlawful for him but there is no compensation payable for it at all but there is compensation if the injuries take place before she is nine and he divorces her, it also is said that there is compensation in all cases but such view is weak, according to a precautionary rule, it is necessary to provide as if she is less than nine years old. If a stranger girl is caused to suffer such injuries she does not become unlawful for him to marry.

Rule (1261) If one fornicates with unmarried woman who also is not during her waiting period, it is not unlawful for him to marry her, according to a necessary precautionary rule he should not marry her before her undergoing a certain time of quarantine by experiencing a menses' cycle.

Rule (1262) It is lawful to marry a prostitute, according to a necessary precaution, one should not marry a publicly known prostitute before her repenting has become clear.

Rule (1263) If one fornicates with a married woman or during her waiting period after a divorce in which the husband has the right to take her back in marriage, it becomes unlawful for him forever to marry her. But if she is married temporarily, or she is in a waiting period for irrevocable divorce or death of her husband it is permissible to marry her afterwards although for Mustahab precaution he should not marry her.

Rule (1264) The rule for a married woman does not apply to a slave girl with whom one has sex because of ownership or the legalized process, the rule for a woman during her waiting period after a divorce in which the husband has the right to take his wife back does not apply to waiting period after a final divorce after which the husband does not have the right to take back his wife, to waiting period after the death of the husband to, waiting period after sex by mistake and to the period of quarantine of slave girl.

Rule (1265) If a married woman fornicates she does not becomes unlawful because of this to her husband.

Rule (1266) If one in the state of Ihram for HAJJ (when one is dressed for HAJJ rituals ) forms a marriage contract knowing that it is not lawful, it becomes unlawful forever for him to marry her, but if he did not know the rule the contract is void but she does not forever become unlawful.

Rule (1267) If one divorces a free woman three times it becomes unlawful for him to marry her before she marries some one else even if the second husband is a slave. If a slave girl is divorced twice it becomes unlawful for him to marry her before she marries some one else even if the second husband is a free man.

Rule (1268) If one has divorced a woman nine times in which she has married twice the same or two different men, it becomes, after this, unlawful for him forever to marry her. It is not very far from reality that nine times divorce in all cases makes it unlawful for him forever to marry as it will be mentioned latter.

Rule (1269) If one divorces one of his four wives in the form of reversible divorce it is not lawful for him to marry another woman before her waiting period is completed. But it is lawful in the case of irreversible divorce.

Rule (1270) If one marries successively three ladies on two existing wives the second contract is void. If all three are married at the same time, it is not far from reality that he may have the choice to choose any two. The same rule applies to marrying two sisters.

(b) The second cause of making marriage unlawful is breast-feeding.

Rule (1271) Breast feeding makes it unlawful to marry all those who cannot be married because of blood relations if the milk is due to child birth of correct sex, even if it is sex by mistake. Breast-feeding duration must be for one day and night or feeding to a degree whereby flesh grows and makes bones strong or it is fifteen times full breast-feeding.

Rule (1272) Unlawfulness of marriage due to breast feeding for one day and one night or full fifteen times breast feeding requires that the feeding must not be interrupted by other feeding, but it does not affect the breast feeding which lets the flesh to grow and the bones to become strong.

Rule (1273) An interval by eating and drinking between two breast feeding does not affect the fifteen times breast feeding and the breast feeding factor that lets the flesh grow and the bones become strong but such interval does affect the one day and one night breast feeding if the baby drinks or eats some thing else besides breast feeding it will not cause marriage to become unlawful.

Rule (1274) It is not far from reality to say that ten full and uninterrupted breast-feeding even by eating and drinking can also make marriage unlawful.

Rule (1275) In the case of breast feeding that makes marriages unlawful it is necessary that it must take place before the baby is two years old but not the baby whose mother breast feeds, the breast feeding after two years is of no affect. It also is necessary that the milk is produced because of one male and one female (apparently milk is produced because of sexual activities), thus, if a woman breast feeds a baby while she is sexually active with one male and she completes the required breast-feeding while being involved sexually with another male due to such breast-feeding, marriage does not become unlawful.

Rule (1276) Breast feeding by two woman of one child does not make marriage unlawful unless they both are sexually active with one and the same man, thus, if two woman breast feed; each one child while they are sexually active with one and the same man it makes marriage unlawful between the two children. If one woman breast feeds two children while her milk is due to her sexual activity with a different man when breast feeding each child this does not make marriage unlawful between the children.

Rule (1277) With all the required conditions existing in breast feeding the woman breast feeding is considered the child's mother and the man as father and brothers and sisters and aunts and children all are considered as of the same relationships like those of blood relatives.

Rule (1278) If a woman breast feeds one's wife who is only a baby this woman becomes unlawful for him in marriage and it is lawful to look at her because the woman breast-feeding one's wife is like one's mother by the same rule wife of a son on the basis of breast feeding is like the wife of one's real son.

Rule (1279) Marriage becomes unlawful between the children of the man sexually involved with breast feeding woman during her breast feeding his children by birth not due to breast feeding and the breast fed person, and the same rule applies to the breast feeding of breast feeding woman children by birth not those due to breast feeding and the breast-fed person.

Rule (1280) The father of milk recipient does not marry the children by birth or breast-feeding of man because of whose having sex the woman started to have milk to breast-feed, the same rule applies to the breast feeding woman children by birth only. If the wife of grand-father from mother's side breast-feeds a child with the milk produced due to grand-father's sexual activity, mother of the baby becomes unlawful to his father, regardless, the breast-feeding woman is mother of the mother of baby or is just wife of the father of the mother of baby.

Rule (1281) There are two views about the lawfulness of a marriage between the children of the father of the milk recipient whose source of milk is different and the children of breast-feeding woman by birth and the children of owner of mother's milk in all cases, (owner of milk is the person because of whose sexual activities the woman has milk). According to the view closer to reality such marriage is lawful, provided, there is no other reason like blood relation or breast-feeding such as if they are children from his other wife who is not a daughter of the owner of milk, otherwise, it is not lawful as in the above mentioned case, because the children of the father of the baby are children of the sister of the children of the owner of milk and the children of the breast-feeding woman.

Rule (1282) If the older wife breast-feeds the younger one both becomes unlawful if he has had sex with the breast-feeding woman or assuming that the milk is his without having sex, otherwise, she becomes unlawful, and the precautionary rule about renewing the marriage contract with the breast-fed woman should not be ignored.

Rule (1283) If one's breast-feeding mother breast-feeds one's minor wife when the owner of milk is the same person the marriage becomes unlawful but there are two views about the unlawfulness of the grand-mother from breast-feeding to the child because she is unlawful due to blood relations or its lawfulness because of different milk owners, according to a strong viewpoint the first view is applicable.

Rule (1284) It is preferable to choose a righteous, chaste and intelligent Muslim woman for breast-feeding.

Rule (1285) If the milk recipient has a brother who is not breast-fed with him it is lawful for him to marry his brothers breast-feeding woman or her daughter and if he has a sister who is not breast-fed with him it is lawful for her to marry the milk owner or one of his children.

Rule (1286) It is lawful for a woman to breast-feed with the milk from his husband his brother or sister while she is still married to him this does not affect her being the sister of the child of her husband due to breast-feeding. The same rule applies if she breast-feeds the children of her own sister or brothers and her being the aunt from the father or mother's side to the child of her husband.

The same is the rule if she breast-feeds the child of her own son and her being the grand-mother of the child of her husband does not affect her own marriage and the mother of the child does not become unlawful to her own husband. The same is the rule if either one of two co-wives breast-feeds each other's grand-child or breast-feed her uncle or aunt from her any parent's side, she does not become unlawful to her own husband even if he, in this case, becomes father of her uncle or aunt. Also the same is the rule if she breast feeds her own bother or sister of her husband in which case she is the mother of his brother or sister. She can breast-feed the grandson of her husband to become the mother of his grandson or breast-feed the son of the brother of her husband or his sister or aunts.

Rule (1287) Breast-feeding is proved by testimony of four women separately without any man with them or by the testimony of two just people but not by the testimony of breast-feeding woman or the mother of the baby separately or with some men.

(c) The third cause of unlawfulness in marriage is - Li'an.

(alleging, on oath, against one's wife to have committed fornication). It causes her to become unlawful for one forever to have her in marriage and the same rule applies if one accuses one's dumb, speechless wife but if she is deaf the applicability of the above rule to her case is objectionable. (d) The forth reason which makes it unlawful for one forever to marry a woman is disbelief It is unlawful for a Muslim to marry a non-Muslim woman other than the followers of the Bible according to consensus of scholars, in permanent marriage or temporarily, but about the followers of the Bible there are two views: according to the one more clear it is lawful for temporary marriage, in fact, even for permanent, although, ignoring precaution is undesirable. The applicability of this rule to Zoroastrians is objectionable.

Rule (1288) It is not lawful to marry a Muslim woman who has just apostatized. The same rule applies to such man. Also it is not lawful for a Muslim woman to marry a non-Muslim. If one spouse apostatizes before having sex the marriage is revoked immediately. The same rule applies if it takes place on the part of the husband after having sex and one of his parents is a Muslim. Besides such case, according to the well-known view, the contract's revocation depends upon the completion of the waiting period but there is objection in it and precaution should not be ignored.

Rule (1289) The waiting period of the wife of an apostate - Fitry whose one parent is a Muslim at his birth is the same as that of one whose husband has died. The waiting period for one whose husband is an apostate whose neither parent is a Muslim at his birth is the same like the waiting period for divorce.

Rule (1290) If the husband of a tax-paying non-Muslim becomes a Muslim the marriage stands valid but if only she becomes a Muslim before having sex the marriage contract is revoked but after having sex she needs to complete her waiting period.

Rule (1291) If both spouses are non-Muslims nor are they of the followers of the Bible and one becomes a Muslim their marriage gets revoked at once if it is before sex. If it happens after sex, it depends on ending of waiting period.

Rule (1292) One who has more than four non-Muslim and non-followers of the Bible wives who also become Muslims if he then chooses four of them, the marriage of the rest is void.

Rule (1293) If one who has four wives becomes a Muslim his marriage stands valid if they are more than four he chooses four and the marriage of the rest becomes void.

Rule (1294) The marriage of a person in his death-bed is valid, provided, he performs sex, but if he dies before doing sex the marriage is void and his wife is not entitled to any dowry or inheritance, regardless, he dies of the same illness or some other reason such as being killed etc. If he dies after sex the marriage is valid and dowry and inheritance are established, if he recovers and then dies before sex she inherits his property and is entitled for half of the dowry.

Rule (1295) If a woman marries during an illness from which she dies or after recovery from the same before sex he inherits her property and she is entitled for half of the dowry.

Rule (1296) Husband's inheriting a wife whom he may have married during illness and she dies before sex and then the husband also dies because of the same illness, is objectionable, precaution should not be ignored.

Rule (1297) Apparently, marriage contract during the illness of the husband from which he dies before sex is as no marriage. There is no need to observe waiting period for his death, apparently, this rule is also applicable to such illness that continues for years.

Rule (1298) It is lawful for a Shiite woman to marry a Sunni Muslim, but it is undesirable, it is a precaution not to marry if there is fear for her straying from the right path in which case it is unlawful and the opposite of this case is also lawful except if there is fear about his getting to straying from the right path. It is undesirable to marry a corrupt person and such undesirability is more emphatic if the party is a drunkard.

Rule (1299) Marriage in the form of Al-Shughar, which means agreeing to make one woman marriage the dowry for the marriage of another, is unlawful.

Rule (1300) It is lawful for a free woman to marry a slave, and a Hashimite woman to marry a non-Hashimite, or Arab to marry a non-Arab and vice verse.

Rule (1301) It is not lawful to propose marriage to a married woman or one during her waiting period after a revocable divorce but it is lawful in the case of irrevocable divorce and also to one's own divorced wife unless she is unlawful for him forever to marry or a marriage with someone else that makes it lawful for him to marry her again, is required.