2 - Family Law - Mahram through Breastfeeding (1) - Sayed Ahmed Qazwini

30 المشاهدات· 24/07/19

Al-Hujjah Islamic Seminary
1 مشتركين

في محاضرات

Family Law (Fiqh), offered in 2020-2021, is now available to take online at Al-Hujjah Islamic Seminary. The first five classes are available to view as a demo to get an idea of how the course is instructed. To register for this class, see all class videos, and take the exams, visit hujjahseminary.com. For any questions, email us at [email protected]

أظهر المزيد

Transcript

[0:12]respected brothers and sisters last week we began with session one of

[0:21]islamic family law and i explained all of the topics that we

[0:26]will go over inshaallah and we will mention some basic art are

[0:30]arguments and reasoning for each law so we said that we'll speak

[0:36]about the laws of hijab who are allowed to see without the

[0:40]hijab which individuals we cannot see without the hijab laws of marriage

[0:44]laws of divorce and laws of children so we began by speaking

[0:49]about the laws of sight which individuals are considered your mahram meaning

[0:54]if i'm a male i can see them without hijab and which

[0:59]individuals are your name the individuals that i'm not allowed to see

[1:05]without hijab if i'm a female i have to work a job

[1:07]from men so we when we spoke about the maharam's we said

[1:15]there's three different categories of mahram three ways an individual can be

[1:21]your mahram the first we said is through what blood relationships your

[1:25]biological parents siblings aunts uncles so on and so forth and then

[1:30]we spoke about the second way which was what through marriage exactly

[1:35]when you get married your spouse your father-in-law mother-in-law they become halal

[1:42]today inshallah i will speak about the third way but before i

[1:49]begin i just want to go over a few points some questions

[1:50]that were asked last week and then we will begin with today's

[1:53]topic point number one the father's uh wife your father's wife so

[2:02]basically your stepmom the question was if your father divorces her does

[2:07]she stay mahrab yes she still states mahram meaning you can see

[2:11]her you can't marry her so the rest of her life as

[2:13]long as the father does the ketsu the marriage contract that's it

[2:18]that lady which is your stepmother is halal for you forever number

[2:23]two the other yeah you know the other opposite example your step

[2:30]father so let's say my mother is divorced and she married someone

[2:33]and i'm a female my stepfather is halal also even if my

[2:42]mother is divorced now the other question that was asked last week

[2:49]was if the father's wife so the stepmother was divorced before i

[2:54]was born so let's say before i was born my father married

[2:56]some lady and then he divorced her and then he married my

[3:02]mother and he had me so now that i'm born my step

[3:05]my ex stepmother i was divorced before i was born is she

[3:09]mahram yes she is mahram so as long as the father marries

[3:17]someone that's it she is my mahwah number three the father's wife

[3:24]is not mahram upon the father's son-in-law let me say that again

[3:29]the father's wife so the stepmother is not upon the father son-in-law

[3:35]so let's say let's say my father goes and marry someone that

[3:41]lady which is my stepmother i have a sister my sister is

[3:46]husband so he's the son-in-law can the son-in-law see the stepmother meaning

[3:51]his wife's stepmother no they're not because the question that was asked

[3:58]before divorce after it doesn't matter the son-in-law and the stepmother have

[4:01]nothing to do with each other they are like ajnabi meaning two

[4:08]random individuals and finally number four father is not so the mother's

[4:13]husband this is somebody asked last week the mother's husband let's say

[4:17]my mother or even my grandmother after divorce after she was a

[4:21]widow she gets married to a man is that man halal and

[4:27]my wife no so the daughter-in-law and the stepfather they are not

[4:32]mahram whether marriage divorce whether the the step the daughter-in-law is married

[4:36]or not it doesn't matter i mean divorced or not so they

[4:40]are this is not amongst the relationships that are maharan i'm saying

[4:45]that just to confirm my grandfather's brothers will be maharam to me

[4:52]your grandfather's brothers yes they're they are your uncles they are your

[4:57]great uncles what about my grandfather's step-brother your grandfather's step-brother well it

[5:07]depends what you mean by step-brother if your grandfather and his stepbrother

[5:11]share a father or a mother then yes that that still makes

[5:16]him your uncle your great uncle but if you mean by step

[5:21]brother something else he was adopted then no as long as they

[5:25]have the same mother the same as long as they have the

[5:30]same mother or the same father or if they have different mothers

[5:32]and different parents their parents just got married and no then she's

[5:38]that person is not halal upon you so now that we're done

[5:43]with all the rulings regarding the second category the second criteria which

[5:50]was mahram through marriage let's move to number three number three we

[5:54]said through breastfeeding a third way someone can become your mahram is

[5:56]through breastfeeding now what do we mean by breastfeeding listen carefully brothers

[6:02]and sisters when a woman breastfeeds a child so a woman has

[6:06]a child of her own she has milk that she's supposed to

[6:09]give to her child but let's say she has too much milk

[6:11]she can breastfeed others when that woman breastfeeds an unrelated random child

[6:17]for a certain amount of time there's conditions i'll get to that

[6:22]insha allah that child that she nurses that she suckles will become

[6:26]like her child meaning maharam she no longer has to work a

[6:31]job from that child not only her her sisters become mahram because

[6:38]her sisters become like the ants so whatever we said regarding remember

[6:42]the seven biological machrams they will all apply to this child as

[6:47]well so this nursing child will become like the biological son of

[6:53]this nursing mother so if he was her biological son how many

[6:58]biological mushrooms he would have seven remember mother mother so aunt grandmother

[7:05]niece those seven individuals the blood relationship seven individuals that we mentioned

[7:10]they will also apply to him so he will be just like

[7:15]the nursing mother's biological children if it was a girl that was

[7:21]nursed the nursing mother's husband which we call the nursing father now

[7:24]he's not nursing but we just call him father through nursing father

[7:27]through suckling he becomes halal he becomes maharan for the girl why

[7:31]he's like the father so this is what we mean by mahram

[7:37]through breastfeedingly so when you when the mother breastfeeds the child for

[7:40]with the conditions that i'll get to that child becomes like your

[7:45]family the laws of muhammad apply to him so you just added

[7:47]a kit to your family and i'll get to that inshallah we'll

[7:50]get to that and we'll get to adoption also adoption by itself

[7:55]does not create any there has to be breastfeeding so when we

[8:00]so when we say mahram through breastfeeding two laws will apply number

[8:05]one marriage that nursing child can no longer marry the family members

[8:11]of the nursing mother and the mercy nursing father so he cannot

[8:15]marry the lady that nursed them she's like his mother he cannot

[8:19]marry her children because those children will be his sisters through nursing

[8:23]he cannot marry the nursing mothers sisters because they will be the

[8:29]ants he cannot marry the nursing mothers mother that'll be the grandmother

[8:33]and so on and so forth so this is the first law

[8:37]that applies if a mother nurses a child is that no they

[8:42]can no longer get married and number two they can they become

[8:46]meaning they can see each other without hijab so the seven groups

[8:49]that we spoke about they will apply to this nursing child as

[8:54]well however the laws of inheritance do not apply listen carefully so

[9:00]if the mother dies this nursing child has absolutely no stake in

[9:05]the mother's inheritance why because the hadith the hadith told us that

[9:10]suckling if you do it the islamic way it only has two

[9:14]effects number one mahram they can see each other with that job

[9:16]number two they kept married the laws of inheritance do not apply

[9:20]the laws of mate maintenance meaning that i'll speak about sometimes you

[9:26]have to spend on your biological child or your biological child has

[9:30]to spend on you this does not include a nursing child what

[9:35]is the basis of this entire third category that someone becomes your

[9:40]mahram through breastfeeding it's mentioned in the quran and it's mentioned in

[9:47]the hadith where in the quran this is the this is the

[9:50]verse in the quran allah says in chapter 4 verse 23 allah

[9:58]speaks about the individuals that you're not allowed to marry your mother

[10:03]wabana tokum your daughter is biological and then allah says and your

[10:12]mothers that breastfed you see the quran calls the mothers not the

[10:16]ladies not the woman that the mother that breastfed she's not your

[10:19]mother technically but the quran considers the lady that breastfeeds you as

[10:28]your mother and then and your sisters meaning the lady that breastfed

[10:35]you has a daughter that daughter is now your sister but not

[10:39]your biological sister she is your sister through through suckling and nursing

[10:46]so this is a verse in the quran yes the laws of

[10:54]sight also apply for example of course exactly whatever you're allowed to

[11:03]do with your biological mother sister aunt you can do with your

[11:07]nursing mother-sister aunt exactly the same i said the only thing that

[11:11]doesn't apply remember is inheritance and the laws of maintenance of spending

[11:16]but the laws of hijab all of them your nursing mother is

[11:19]exactly like your mother you can hug her you can you can

[11:24]touch her you can see her without hijab just like your mother

[11:30]uh yes and he also had a mother that nursed him she

[11:36]nursed him so she was it was halal for him to see

[11:41]her we have many many instances throughout history and with the imams

[11:44]also that happened because remember back then breastfeeding was very very common

[11:50]for other ladies to breastfeed your child why because the mother has

[11:54]no milk there's another lady in town she has a lot of

[11:56]milk and she can breastfeed others now it's become less common why

[12:01]because of baby formula now if the mother has no milk she

[12:04]doesn't have to go and find someone you know put an ad

[12:07]on craigslist please mothers wanted no just go to the store and

[12:11]buy the the the formula the baby formula so that's why the

[12:16]laws of you know breastfeeding that we're speaking about kind of they're

[12:20]going extinct now but if we would have had this class just

[12:23]the second alpha system if we would have had this class 50

[12:27]years ago every one of you would have said oh yeah you

[12:30]know what i have a brother or a sister or a cousin

[12:33]or something you know through breastfeeding because almost every lady would throughout

[12:38]her life she would breastfeed a unrelated child and that child would

[12:42]become part of the family so this is the verse in the

[12:46]quran it's clear that allah calls the lady that breastfeeds you your

[12:49]mother so that means you can see her and that's why you

[12:52]can't marry her the quran says and also the daughter of that

[12:56]lady is your sister and also the hadith this is an authentic

[13:03]hadith that is through blood relationship is also haram through breastfeeding meaning

[13:24]what is haram through blood relationships married your mother so marrying your

[13:28]mother through nursing is haram too what is haram through blood relationship

[13:32]is what marry your sister so the same thing apply it to

[13:37]what apply it to breastfeeding as well now even though the prophet

[13:42]said what is haram which means marriage he did not speak about

[13:45]the laws of sight but remember we said usually if you can't

[13:50]marry someone you can see them and at the same time it

[13:54]seems like what the prophet is saying is that blood relationships are

[13:57]like nursing relationships whatever applies there applies here so now that we

[14:06]understand let's mention a couple of rulings regarding this ruling number one

[14:13]if a woman breastfeeds two unrelated children so she she has two

[14:24]friends she breastfeeds ex ex's son and then she breastfeeds wife's son

[14:28]those two individual they will become her children but are they also

[14:34]siblings or no so one of them is a girl one of

[14:38]them is a boy she breastfeeds one of her friends boys and

[14:42]one of her friends girls and they are unrelated but because they

[14:47]share the mother the breastfeeding mother did they become mahram or no

[14:52]they become mahram and siblings as long as the father is the

[14:57]same meaning the nursing father so for example if she is married

[15:03]to zayd she breastfeeds a child a boy and then she gets

[15:11]divorced and then she marries amr and she breastfeeds a girl so

[15:15]now she breastfed a boy and a girl but from two different

[15:19]husbands are they maharans no as long as the father is the

[15:25]same the nursing father is the same they can become siblings so

[15:31]they can still get married if she got married had you know

[15:37]to a man and she breastfed and then divorced and then she

[15:40]breastfed through another marriage those two children can marry each other now

[15:44]both of them are her children but they themselves are unrelated this

[15:48]is in the hadith the hadith mentioned means the nursing father has

[15:55]to be the same if he is the same they become relatives

[15:59]they become siblings and that's why listen listen to this example imagine

[16:04]i have two wives at the same time and they bring me

[16:08]a boy and a girl they say breast feed them i give

[16:11]one to this wife one to this wife they become siblings because

[16:15]it's the same father different mothers so having different nursing mothers doesn't

[16:19]do anything if the father is the same having the same nursing

[16:23]mother does nothing of the father's so basically it's all about the

[16:31]father ruling number two a biological listen this is a little delicate

[16:35]you have to pay attention please pay attention closely so you understand

[16:40]what we are saying a biological father cannot marry the daughters of

[16:46]the nursing mother and this is mentioned by the alama like this

[16:54]i'll say it again the biological father cannot marry the daughters of

[17:00]the nursing mother does everyone understand that is it clear so let's

[17:06]say there's a biological father he has a child that needs milk

[17:11]he takes it to a nursing mother tells her please breastfeed my

[17:16]child she says okay she breastfeed breast feeds him the child is

[17:19]has another mother now second mother he has siblings he has sisters

[17:25]right through breastfeeding are those sisters halal upon the biological father the

[17:31]real father of the child can they get married no let's let's

[17:35]word it like this they cannot get married so the father let's

[17:40]say in 10 20 years from now he says you know i

[17:44]want to marry my sons uh sister through lava through suckling can

[17:50]he or no why they're not related to him but so it's

[17:57]the laws of the son what does that have to do with

[18:01]the father the father did no nursing his son is now part

[18:04]of another family not him exactly so he's part of this family

[18:13]and he's part of that family but the father who's in this

[18:16]family has nothing to do with the members of that family for

[18:26]the child yes for the child he has now all these new

[18:30]mushrooms but his father has nothing to do with this equation so

[18:34]by default the father the biological father because he's part of the

[18:39]other family he should marry ever he should be able to marry

[18:41]everyone in that family because they're strangers his son has new laws

[18:48]but not him the suckling child gets new muhammad why his father

[18:52]his so does his cousin also get into does his uncle no

[18:56]it's only him he has a new family now like that the

[19:01]reason is simple because we have a hadith from the imams if

[19:04]it wasn't for the hadith we would say these people are ajnabi

[19:08]what is the biological father i have a son he has no

[19:13]milk i give him to a family breastfeeding now i can't marry

[19:17]your daughter why my ch my child had some milk from that

[19:19]lady so why can't i i marry the nursing mother's daughters now

[19:24]simply put because the iman's said so where did he say so

[19:29]this is the hadith in front of you allah imam can i

[19:51]marry the daughter of my son's nursing mother my son has a

[19:55]nursing mother i want to marry her daughter now don't think of

[20:00]her daughter being a baby let's say the nursing mother is 40

[20:04]years old and her daughter is 20 years old and i'm the

[20:06]biological father i want to marry that 20-year-old daughter of my son's

[20:09]nursing mother he asked the imam this question the imam says no

[20:14]why since he says her children meaning the nursing mother's children are

[20:20]like your children now they're not your children they're like your children

[20:24]because they are my son's siblings your son's sibling even though they're

[20:30]not your children but they're like your children because of this word

[20:35]like the imam says no they're not married you're not allowed to

[20:39]marry those children now the other question is are you allowed to

[20:45]see them the biological father is he allowed to see the daughters

[20:50]of the nursing mother without hijab there is disagreement between some ulama

[20:59]believe yes like say it appears from his you know that he

[21:04]permits he says yes you can't marry they can't marry that means

[21:09]they can see each other likewise he says that they are mahram

[21:12]they can see each other but many other have said no because

[21:16]the hadith said no marriage the hadith didn't say they can see

[21:21]each other so it all goes back to this fact this point

[21:23]is there you know a law that says if you can't marry

[21:27]someone you can see them some say yes i'm saying so like

[21:34]say marcin al-hakeem i saw in his book he's died maybe 40-50

[21:36]years ago he says no the biological father cannot marry the daughters

[21:40]of the nursing mother but can they see each other they cannot

[21:43]see each other because we have no proof so she's just like

[21:48]any other stranger that he cannot see her now here there's a

[21:53]very very tricky and interesting twist to this ruling number two if

[22:02]someone wants to is stuck in a relationship with his wife and

[22:06]he can get divorced there is a very very interesting way for

[22:12]him to get rid of this marriage how imagine if you're married

[22:20]you have a wife and you have a child a young baby

[22:26]your mother-in-law meaning your wife's mother because mother-in-law could mean the sons

[22:31]the the husband's mother also right we're not speaking about the husband's

[22:34]mother the wife's mother the mother-in-law's also has a child she's young

[22:42]and her daughter is also young so if i take my baby

[22:47]and i give the baby to his grandmother his maternal grandmother paternal

[22:50]doesn't work please breastfeed my child what happens my wife becomes haram

[23:00]on me the marriage automatically goes down the drain and not only

[23:06]the marriage is broken not only is the marriage broken but i

[23:10]can never marry my wife ever again so that's why if someone

[23:14]wants to end his relationship if he has a child and his

[23:18]mother-in-law also has a child just take that child and tell you

[23:22]when they're allowed just breastfeeding for a couple of days even if

[23:26]you want to you can't marry your wife again if they don't

[23:30]know that's a different situation we're speaking about if you know if

[23:33]you don't know we'll get to that this entire chapter called any

[23:37]times you don't know you do a marriage wrong we'll get to

[23:41]sha allah now why is that it's because of this law exactly

[23:44]who is the biological father we said biological father cannot marry the

[23:48]daughters of the nursing mother who's the biological father me the husband

[23:53]who's the nursing mother my mother-in-law who's her daughter's my wife i

[23:58]can't marry the nursing mothers daughters which is my wife is it

[24:05]clear i don't know for the students on zoom is it clear

[24:06]why if the mother-in-law the maternal mother-in-law breastfeeds my child my wife

[24:13]becomes haram upon me it's because of this second rule that you

[24:16]can see in front of you yes mother augie but it seems

[24:23]it seems the question that the sahabah asked to the imam was

[24:28]can i tell you and there is already yes but at the

[24:47]same time it's general anytime the imam says a general statement and

[24:51]it has more than one application more than one example as long

[24:55]as the imam didn't say you know didn't put that if and

[25:00]when and put that condition we can say it's a general clause

[25:04]so all the words in the hadith of the imam are general

[25:06]unless the imam himself says what's a condition so the imam doesn't

[25:12]have to as long as what the imam says especially look at

[25:16]the end of the hadith imam says imam says no since her

[25:23]children are like your children so now her children which is my

[25:29]wife are like my children i can't marry someone that's like my

[25:33]children even if i had married her from now it's that's it

[25:36]it's not nullified so this is what they what they call it

[25:39]general clause you have to apply to every application another question what

[25:45]if you don't want this well let's say your mother-in-law doesn't want

[25:49]you married to her if she does this if she does that

[25:53]yeah and you know the ruling but you didn't it's i guess

[25:57]that's uh you know i'm gonna have to pay the price if

[26:00]it happens it happens there's nothing you can do about it whether

[26:03]intentionally or unintentionally so if there is an evil mother-in-law that wants

[26:09]to get rid of her son-in-law and put a a a permanent

[26:12]end to the marriage she if she has milk i mean she

[26:16]would have to also have a child or else where she's going

[26:17]to get milk to breastfeed she's young let's say she's 40 and

[26:21]her daughter is 20.

[26:21]that happens you know maybe here in the us does it in

[26:25]the middle east it happens so she has a child and her

[26:28]daughter has a child her grandchild she can go secretly breastfeed her

[26:32]with the conditions that we'll get to and that's it the marriage

[26:35]is completely destroyed now that would be of course haram would be

[26:39]a sin but there are certain natural effects consequences that happen whether

[26:44]you want it or not whether you know or not you know

[26:47]they say just like poison if i drink this i don't know

[26:51]there's poison it's going to kill me no matter what they call

[26:53]this natural effects so this is a natural effect of breastfeeding yes

[26:59]sisters exactly of course every mess allah we will mention when we

[27:07]say they become mahala anything it always has to be with the

[27:12]correct conditions there's four conditions that i'll mention i don't think i'll

[27:15]get to it today inshallah next week as long as the four

[27:18]conditions are met then of course if the four conditions are met

[27:21]nothing happens this is just breastfeeding it has absolutely no meaning in

[27:27]islam in the terms it has no legal effects there is only

[27:30]a legal effect if the four conditions are met that we'll get

[27:33]to next week there's a special duration a certain amount of time

[27:37]that the mother nursing mother has to breastfeed and so on and

[27:43]so forth we'll get to that next week in sha allah but

[27:45]however so we said the biological father he cannot marry the daughters

[27:50]of the nursing mother how about the other way around the nursing

[27:57]father can he marry the daughters of the biological father so just

[28:01]switch the positions the nursing father wants to marry one of the

[28:07]daughters of the biological fathers of the biological uh one of the

[28:11]daughters of the biological father of his nursing son so now he

[28:15]has a nursing son because his wife breastfed a new baby he's

[28:19]part of their family this child has a sister a biological sister

[28:23]can the nursing father marry her yes why because we have no

[28:30]hadith that says no with the first masala when it's the biological

[28:34]father the nursing mother's daughter there's a clear hadith that says no

[28:39]here there is no clear hadith so basically we go back to

[28:43]the general statement that you can marry anyone except your mohammed and

[28:45]that is not one of the maharana next week we will go

[28:50]over the four conditions that make the breastfeeding or makes it makes

[28:58]it have an effect when does breastfeeding have all this effect it

[29:01]makes someone there are there must be four conditions met what are

[29:06]the four conditions we'll speak about that we'll also speak about some

[29:08]of the sunni views some of the sunni views regarding this that

[29:12]are interesting this will all come in sha allah next week thank

[29:15]you so much brothers and sisters in sha allah we shall meet

[29:19]this next week muhammad

0 تعليقات

التالي

2 - Family Law - Mahram through Breastfeeding (1) - Sayed Ahmed Qazwini

Transcript

التالي

استكشاف المزيد

يرجى ملاحظة أنه إذا كان عمرك أقل من 18 عامًا ، فلن تتمكن من الوصول إلى هذا الموقع.

التالي

2 - Family Law - Mahram through Breastfeeding (1) - Sayed Ahmed Qazwini

Transcript

التالي

استكشاف المزيد

اختيار طريقة الدفع

لغة