**"Forbidden to you are your mothers..."**
The Meaning:
The prohibition of marrying them is based on His saying: "Do not marry those whom your fathers married" (An-Nisa: 22). Furthermore, the prohibition of marriage is what is understood from the prohibition of the women themselves, just as the prohibition of wine implies the prohibition of drinking it, and the prohibition of pork implies the prohibition of eating it.
Regarding "and your sisters through nursing":
The word is read with a light hamza. God has placed nursing on the same level as lineage, to the point that He named the wet nurse a "mother" to the nursling, and the wet nurse's daughter a "sister." Similarly, the husband of the wet nurse is the "father," his parents are the "grandparents," and his sister is the "paternal aunt." All children born to him from other than the wet nurse, whether before or after the nursing, are the nursling's paternal half-siblings. The mother of the wet nurse is the "grandmother," her sister is the "maternal aunt," and all children born to her from this husband are the nursling's full siblings. Those born to her from another husband are the nursling's maternal half-siblings. This is the basis for the Prophet’s (ﷺ) saying: "Nursing prohibits what lineage prohibits."
They have stated that the prohibition of nursing is like the prohibition of lineage, except in two cases:
- It is not permissible for a man to marry the sister of his son by lineage, but it is permissible to marry the sister of his son by nursing, because the impediment in lineage is the father’s intercourse with the mother, a meaning not present in nursing.
- It is not permissible to marry the mother of his brother by lineage, but it is permissible in nursing, because the impediment in lineage is the father’s intercourse with her, a meaning not present in nursing.
"From your women":
This relates to "your stepdaughters." It means that a stepdaughter from a woman with whom one has consummated the marriage is forbidden to the man, but lawful if he has not consummated the marriage.
If you ask: "Is it correct to relate this to 'the mothers of your women'?" I say: No. It must either relate to both the mothers and the stepdaughters—making the prohibition of both clear—or relate only to the mothers, leaving the prohibition of the stepdaughters ambiguous. The first is invalid because the meaning of "from" (min) differs between the two. If you say "mothers of your women from your women with whom you have consummated," you are using "from" to clarify the women. If you say "stepdaughters from your women with whom you have consummated," you are using "from" to denote the starting point of origin (ibtida' al-ghayah). It is not correct for one word in a single address to carry two different meanings. The second is also invalid because the word immediately preceding is what requires the connection.
Regarding the prohibition of mothers-in-law:
There is consensus that the prohibition of mothers-in-law is absolute (unconditional), unlike the prohibition of stepdaughters, which is conditional upon consummation, according to the apparent text of God’s word. It is narrated from the Prophet (ﷺ) regarding a man who married a woman and divorced her before consummation: "There is no harm in marrying her daughter, but it is not lawful for him to marry her mother."
"In your guardianship":
The benefit of this phrase is to provide the reason for the prohibition. It is because they are under your care, or in a state of being under your care, and in the position of being in your guardianship. When you have consummated the marriage with their mothers, the status of marriage is established, and God has placed affection and mercy between you. The situation is such that you should treat their children as your own.
"You have consummated with them":
This is a metonymy for sexual intercourse, similar to saying "he built upon her" (bana 'alayha). The ba is for transitivity. According to Abu Hanifa, touching and the like take the place of consummation.
"Those who are from your loins":
This excludes those you have adopted. The Prophet (ﷺ) married Zaynab bint Jahsh, the daughter of his paternal aunt, after Zayd ibn Harithah separated from her. God said: "So that there may be no difficulty for the believers regarding the wives of their adopted sons" (Al-Ahzab: 37).
"And that you collect [in marriage] two sisters":
This is in the nominative case, coordinated with the forbidden women. It means it is forbidden to collect two sisters in marriage. This refers to the prohibition of marriage. As for collecting them in terms of slave ownership, Uthman and Ali (may Allah be pleased with them) said: "One verse made them lawful, and one verse made them forbidden," referring to this verse and the verse: "Or those whom your right hands possess" (An-Nisa: 3).
"Except what has passed":
What has passed is forgiven, as evidenced by: "Indeed, Allah is ever Forgiving, Merciful."
"And [forbidden are] the muhsanat":
This refers to women who have husbands, because they have "fortified" (ahsanat) their chastity through marriage.
"Except those whom your right hands possess":
This refers to those captured in war who have husbands in the land of disbelief; they are lawful for the Muslim warriors even if they were married.
"The decree of Allah upon you":
This is an emphatic verbal noun, meaning God has decreed this upon you as a binding obligation.
"And it is lawful for you to seek [others] with your wealth":
This is a command to seek marriage with your wealth—which God has made a means of support for you—while being chaste and not committing fornication, so that you do not waste your wealth and impoverish yourselves in what is unlawful.
"So for whatever you have enjoyed of them":
This refers to the women you have married, through intercourse, a valid seclusion, or a contract.
"Give them their dowries":
The dowry is the reward for the private parts.
"As an obligation":
This is a state (hal) of the dowry, meaning it is mandated.
"Regarding what you have mutually agreed upon after the obligation":
This refers to what you might reduce from the dowry, or what she might gift back, or what he might increase for her. Some say it refers to what they agree upon regarding staying together or separating. Others say it was revealed regarding the Mut'ah (temporary marriage) which existed for three days when God granted the Prophet (ﷺ) victory in Mecca, then it was abrogated. The Prophet (ﷺ) said: "O people, I had permitted you the enjoyment of these women, but Allah has forbidden that until the Day of Resurrection."
