n37 26 The Major Sins Series - Adultery Fornication 1 - Abu Usama 1317

The Major Sins Series - Adultery / Fornication Part 1

Speaker: Abu Usamah

Opening

(بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ - bismillahir-rahmanir-rahim)

In the name of Allah, the most gracious, the most merciful.

(الْحَمْدُ لِلَّهِ نَحْمَدُهُ وَنَسْتَعِينُهُ وَنَسْتَغْفِرُهُ وَنَعُوذُ بِاللَّهِ مِنْ شُرُورِ أَنْفُسِنَا - alhamdulillah, we praise Him, we ask His help, we ask His forgiveness, and we seek refuge in Allah from the evil of our souls.)

(وَأَشْهَدُ أَنْ لَا إِلَٰهَ إِلَّا اللَّهُ وَحْدَهُ لَا شَرِيكَ لَهُ - And I bear witness that there is no god but Allah, alone, with no partner.)

(وَأَشْهَدُ أَنَّ مُحَمَّدًا عَبْدُهُ وَرَسُولُهُ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ - And I bear witness that Muhammad is His servant and Messenger. Peace and blessings be upon him.)

Introduction

Al-Imam Al-Zahabi, may Allah have mercy upon him and upon his Sheikh, Sheikh of Islam Ibn Taymiyyah and his brothers, Al-Imam Abdullah Ibn Abdul Hadi, Al-Imam Al-Muzzi, and others, and upon us as well.

He said, the next Kabira is the Kabira of Zina. And some Zina is greater than other forms of Zina. So the Zina has Darajat and Anwaar.

Different Types and Levels of Zina

First Type: Mut'ah Marriage

And from the categories or different types of Zina, is the Zina of Al-Muta'a. The Muta'a that the Prophet ﷺ said about it:

Hadith:

I permitted you at one time to practice Al-Muta'a with the women. But verily Allah has made that Haram until Yawmul Qiyamah.

So there was a time when Al-Muta'a marriage was permissible. And then he made it Haram in the year that they conquered the Yahud of Khaibar. And some of the companions narrated that it was in the year of Fath Makkah.

And from the narrators of this Hadith is Ali ibn Abi Talib رَضِيَ اللهُ عَنْهُ. So any revered Muslim or any Muslim who comes into the Deen, do not be fooled by the authentic statement that Abdullah ibn Abbas رَضِيَ اللهُ عَنْهُ was of the opinion that Al-Muta'a was permissible. That is authentic.

But what's also authentic is that when he found out that it was made Haram and the companions told him about it, he left it and he dropped it. So I find it strange, that Allah subhanahu wa ta'ala has mentioned concerning his companions of Rasulullah ﷺ:

Ayah:

(أُولَئِكَ هُمُ الصَّادِقُونَ - Ula'ika humu-ssadiqun)

Allah described them as being the truthful ones.

(أُولَئِكَ هُمُ الْمُفْلِحُونَ - Ula'ika humu-lmuflihun)

Allah said about them:

(رَضِيَ اللَّهُ عَنْهُمْ وَرَضُوا عَنْهُ - Radiya Allahu 'anhum wa radu 'anhu)

Allah is pleased with them and they are pleased with Allah.

Ayah:

He, Allah is the one who sent to the unlettered people a Nabi from their own selves. He taught them the book and he taught them the hikmah. So Allah has established in the Quran that the tazkiyah has come to the companions. And they were the ulema of the Quran and the ulema of the sunnah.

And then a group of people come today who say that Rasulullah ﷺ's companions were kuffar. And they say that mut'a marriage is halal. And they say that the Quran is incomplete.

And they say part of their religion is a tuqya, talai. So they are liars. They have no adala.

They have no diyana. And they make zina. And they have children of zina because they practice mut'a marriage.

So Allah جَلَّ وَعَزَّ has established in the Quran that mut'a marriage was acceptable at one time but it has been abrogated until yawm al qiyamah.

Second Type: Staying with Wife After Three Divorces

And from the zina that people from Ahlus Sunnah fall into is the zina of the man who divorces his wife three times. And some people ten times, some people twenty, some people a hundred.

Some people say to their wives, you're divorced a million times. And they remain living with the wife. All of the children that come after that third divorce is zina.

Ayah:

(الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ - At-talaqu marratani fa'imsakun bima'rufin aw tasreehun bi'ihsan)

Oh you men, you are allowed to divorce your wives two times. After divorcing her the second time, either retain them in kindness with what is reasonable or let them go with honor. And then Allah تَعَالَى mention after that some ayahs later on in that surah:

Ayah:

(فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ ۖ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَا أَن يَتَرَاجَعَا إِن ظَنَّا أَن يُقِيمَا حُدُودَ اللَّهِ - Fa'in tallaqaha fala tahillu lahu min ba'du hatta tankiha zawjan ghairahu fa'in tallaqaha fala junaha 'alaihim an yataraja'a in thanna an yuqima hududa Allah)

So if the man divorces his wife the third time, she is not halal for him until she marries another man, and the man from the sunnah said has relations with her, and then he divorces her, then it's no problem for the first husband to remarry her again if the man and the woman thought that they can keep the limits that have been ordained by Allah.

Anyone who is sitting in our masjid, anyone who you know, divorced his wife more than three times, out of embarrassment, he didn't take witnesses, and the wife is still with him, that is zina.

And those kids that come after that third divorce are أَبْنَاءُ الزِّنَا

Third Type: Nikah of Tahlil and Shiraa

From the zina that people fall into, is the zina of the nikah of a tahlil, and the nikah of a shiraa.

The man divorces his wife three times, and he has some level of taqwa. He knows she has to get married to someone else. So he does what the Prophet calls, he borrows a bull, he borrows a stud, and he says, come, I divorce my wife the third time, you marry her and make a halal for me, and then I'll marry her after you divorce her. He says, Allah has cursed the stud and the one who asked him to do it.

Zina. From the zina that the people fall into, is the nikah of a shiraa. A man wants to marry another man's daughter or sister, and he has a daughter or a sister.

So he says, I marry you to my daughter with no dowry, you marry me to your daughter with no dowry. That zina is not permissible, and that nikah is baltan. So with zina, it has levels.

Fourth Type: Homosexuality and Lesbianism

From what we just mentioned, all of that is from the kabair, and people have fallen into it. But even greater than that is, the zina of as-sihab, wal-liwata.

The zina of homosexuality, and the zina of lesbianism.

Hadith:

(Sunan Abi Dawud, Hadith 4462; Jami' al-Tirmidhi, Hadith 1456)

The Prophet ﷺ said: Kill the one who does it, and the one who is being done to. Kill the one who was on top, and the one who was on the bottom. Whether it's a man or a woman.

And this is going to come inshallah, in kitab al-kabair. Al-liwata, homosexuality, and how the companions looked at it, and how they used to punish them, and the severity and the seriousness of it. It's from the worst types of zina.

Fifth Type: Relations with Animals

And from the worst types of zina is, the zina of having relations with animals.

Hadith:

(Sunan Abi Dawud, Hadith 4464)

He says, salallahu alayhi wa sallam, on the authority of Abdullah ibn Abbas:

If you find someone having relationships with an animal, kill the one who was doing it, and kill the animal.

They asked Abdullah ibn Abbas, what's the fault of the animal? What did the animal do? He said, I didn't hear Rasulullah ﷺ say anything about why the animal was killed. But I believe the reason why he said it is, he didn't want that animal to be benefited from.

You can't eat his meat, you can't sell him, you can't do anything with that animal. Once someone did something with the animal, the animal does not deserve the right to walk on the face of the earth. I saw with my own eyes, a program of a non-Muslim, bragging about him being married to a donkey.

And he kissed the donkey. And he bragged about the other things that he does with the donkey. And here comes the Muslim man or woman, embarrassed about the opinions of those people.

The azwaj of the himar and kilab. Our women become embarrassed about wearing hijab from the opinions of those people. Zina.

Sixth Type: Zina with Relatives

So what's zina, brothers and sisters, has different kinds. From the worst type of zina, is the zina that a man makes with his relative. The zina that a man makes with his relative, he does molestation to his step-daughter.

He molest his own daughter. He has relations with his brother's wife. Abdullah ibn Abbas and Abu Huraira radiyallahu anhu.

Hadith:

(Musnad Ahmad)

He said that the Prophet says, salallahu alayhi wa sallam:

For a man to commit fornication with ten women is better, lighter for him, than for him to commit fornication with the woman of his neighbor. She's not even related to him. But because of the qurb, that's the neighbor, the jaar and the jaara.

What about the qariba, the aqarib, the people who are close to him in his blood, his daughter, his wife's daughter. So from the qiyas and awla, if it is ten women for the neighbor, then what do you think is the situation for the person who has zina with a relative? And that's going to come. How the Prophet salallahu alayhi wa sallam sent a companion to kill the man who married his wife, his father's wife.

Punishment for Zina

So a zina ikhwan has levels. The one who was married and he commits zina, he is stoned to death. The one who

was not married and he commits zina, he is flogged 100 times, and he is put out and expelled from the city for a year.

That comes from the sunnah. So those people come today and they say, we are the quraniyoon. We don't believe in a rajab.

We don't believe in stoning. Because that's not in the quran. Wallahi they are liars.

Because the ayat of stoning was in the book of Allah. And Allah took it out. He abrogated it.

There are different ways that the quran and the sunnah abrogate. Sometimes the ayat remains, but the hukm is not there. Sometimes the ayat is gone and the hukm remains, the ruling.

Like in the case of stoning. Rasulullah salallahu alayhi wa sallam stoned six people. Six people doing his time.

So the muslim says it's not in the quran. Allah doesn't cause an ayah to be abrogated or forgotten. Except that he replaces it with an ayah that is better than it or what is similar to it.

Don't you know, Muhammad, that Allah can do whatever he wants to do? Don't you know it belongs to Allah? What is in the heavens and the earth? And you have no wali and no nasir other than Allah? Or do you people want to question your nabi as Musa was questioned before? What color cow? How big is the cow? What portion should the cow live in? What, what, what?

So that ayat was in the quran and it was abrogated. And I say right now, that the ayat of ar-rajm is still in the quran. It is the statement of Allah subhanahu wa ta'ala:

Ayah:

What the prophet sallallahu alaihi wasallam ordered you people, Take it. What he prohibited you from? Leave it. So that shows that the aqiqa is in the quran. The ahkam of al-aqiqa in the quran.

The curse that he put upon, the washimah and the mustawshimah and the wasila and the mustawsila. All of that is in the quran, by that ayat. So with zina, different levels ikhwani.

One person is stoned to death, the other person is expelled from the city, and he is flogged 100 times.

Zina of the Eyes and Tongue

Another point concerning zina, that is a critical point, is that the vast majority of us sitting in this masjid have fallen into zina. I'm not calling you brothers and sisters, zunat.

Especially the women. But most people have fallen into zina. Abu Huraira radiallahu anhu, Ismail Bukhari, a Muslim.

Hadith:

He said that the Rasul said, sallallahu alaihi wasallam:

Reference: Sahih al-Bukhari, Hadith 6243; Sahih Muslim, Hadith 2657

The son of Adam has been written for him his portion of zina that he will commit and he can't help it. It's going to happen.

The zina of the eyes is looking at what's haram. The zina of the tongue is mentioning those things that are haram. And the nafs desires it.

It wants it and it desires it. And the private parts either make it a reality or protects them from it. You go outside of our masjid on Green Lane.

You make a right on the corner of Green Lane and Coventry Road. The non-muslims put up there a big poster giving dawah to lesbianism. Only a few meters away from our masjid.

And I have to say this. I was in Luton recently. And the brothers from Hizb ut-Tahrir, who I don't agree with their understanding of Islam and their way of establishing the khilafa.

In Luton, those brothers from Hizb ut-Tahrir, they go around late at night. They get a ladder, they get up on top of the billboards and they paint the naked ladies all black until all you see is her eyes. And it's like she has a jilbab on.

When you see like the picture of the lady laying down on the water. When I first came upon it, I thought it was an adverb for a woman in jilbab. Black jilbab, niqab, everything.

Then I realized, that's that famous poster of the lady laying on the water with the rocks on her back. So some of the brothers took from that sunnah and did the same thing here. But without the artistry of the Luton people.

Did the Muslims do that? Allahu alam, Allahu alam. And I'm not encouraging people to do that. But, that's their freedom of speech.

Muslims, we should make a point about issues like this. Those kuffar should hear our opinion about issues like this. We should have enough organization, enough leadership to let those people know, this is not tolerated in our community.

Why by the masjid? They don't do it by the church. So we expect from the Muslim leadership to have a stance and to make positions. Let those people know.

And if not, those people who do things like that, we say:

Different levels and different degrees and different types.

Quranic Evidence

And Imam al-Zahabi, rahimahullah ta'ala, brought four ayat of the Qur'an and a number of a hadith of Rasulullah, salallahu alayhi wa sallam, concerning the zina.

First Ayah

The first ayat is the statement of Allah ta'ala:

Do not come close to a zina. It didn't say don't fall into zina. The ayah said, do not come close to a zina. For verily it is fahisha and a terrible way to go.

A terrible way. This ayat of the Qur'an, ikhwan, has given the ulema of al-Islam and the Muslims a concept that we use in all aspects of our lives. And it is what is called:

سَدُّ الذَّرِيعَةِ

Closing the door of something before it happens. The best way to cure a sickness is preventing it.

الْوِقَايَةُ

is the best ilaj for anything. You don't want to get cancer, don't smoke cigarettes.

You don't want to become a drunk, don't drink khumr. You want to have religious children, don't let them watch TV unsupervised. Close the door.

That's what this ayat is saying.

It didn't say don't fall into it, don't come close to it. So Allah subhanahu wa ta'ala has legislated a number of ways to prevent people from coming close to a zina.

Ayah:

Like the statement of the Quran:

Tell the believing men lower their gazes and protect their privates. That is better for you. And Allah is well aware of what you do. And tell the believing women, lower your gazes and protect your privates. And do not expose your zina, your beauty, except what must ordinarily appear.

Her face and her hands to the majority of the scholars. Some of them say, just one eye. So, that's one of the ways that Allah has legislated, don't come close to a zina.

Hadith:

Reference: Sahih al-Bukhari, Hadith 5232; Sahih Muslim, Hadith 2172

Beware of entering in upon the women and freely mixing with them, as it is a part of our culture. Beware!

Hadith:

Reference: Jami' al-Tirmidhi, Hadith 2165; Musnad Ahmad

A man should not be alone with a woman except that a shaitan is the third of them.

Don't be alone with the woman. Anas ibn Umar said:

Rasulullah صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ prohibited us from talking to women except with the permission of their husbands.

No man has the right to talk to another man's wife except with his knowledge and permission.

To talk with his daughter except with his knowledge or his permission. His sister except with his knowledge or permission. Except what is necessary.

She's the one who's going to serve you at the library. You have to talk to her. But we're talking about just sitting down having conversations about marriage and what you like and what you don't like.

What colors do you like? What's your favorite food? What's your favorite ice cream? That's haram. No one can marry a girl except that her wali knows about it. So all of those are ways in which Al-Islam said don't come close to a zina and there are so many.

Second Ayah

The next ayat that Imam Al-Dahabi brings is the statement of Allah Ta'ala showing and proven a zina is a kabira from the kabair.

Ayah:

And those people who do not make shirk with Allah and they do not kill people who do not deserve to be killed and they do not make zina. Anyone who does that, they will receive their punishment.

They will get their ithim for what they did. So that proves that zina is a major sin because Allah Azawajal has mentioned a zina along with a shirk, murder and then zina. And that's the order that the majority of the scholars say the biggest of the kabair are in that order.

A shirk and then murder and then the greatest kabira after murder is a zina. And zina is different levels and different degrees. The man came and asked him, Ya Rasulullah, what's the worst kabira from the kabair? That you make with Allah another partner and Allah created you.

And then after that, that you kill your child out of fear that the child will eat with you and share your food thinking that you're going to be poor. So from zina comes the baby. When the unwanted child comes, there's an abortion.

He fell into murder and zina. To make shirk with Allah, to kill your child or anyone else. Number three, which one Ya Rasulullah? That you commit zina with your neighbor's wife.

All from the kabair.

Third Ayah

He brought the third hadith or ayat or the fourth ayat, the statement of Allah Ta'ala:

The fornicating woman and the fornicating man, flogged both of them 100 times for what they did. Flogged both of them 100 times.

And do not allow any mercy to cause you to refrain from flogging them in the religion of Allah. Stand up for the truth and establish the religion. Flog them.

Important Point About Women's Responsibility

There's a very important point that we have to mention at this particular juncture. And we want every Muslim sister to open up her ears and her eyes and her intellect and pay attention to this. Latifa from the Quran.

The hikmah of the book of Allah. According to what the ulama of Islam understood. If you look at the Quran brothers and sisters and gather many of the ayat, the majority of the ayat that mention men and women, whether they're believers or non-believers.

Allah almost always, always in the Quran mentions the men and He mentions the women. Over and over. So many ayat of the Quran.

Ayah:

Even with the kuffar.

الْمُؤْمِنَاتِ

So many ayat of the Quran.

Ayah:

The believers, men and women should have thought about themselves good.

But in this ayat, Allah mentioned the woman first.

الزَّانِيَةُ وَالزَّانِي

The woman who fornicates and the man who fornicates flogged both of them 100 times. The scholar said, one of the wisdoms behind that, Ikhwani, is because ultimately, the responsibility of the zina falls on the shoulders of the girl because she's the one who's going to ultimately give the final word.

Except for the one who rapes the woman. Another terrible form of a zina is to rape someone.

Hadith:

(Source Name)

The one who steals something, when he steals it, he is not a believer, his iman leaves him.

(Source Name)

May the curse of Allah be upon the one who steals an egg, so his hand is chopped off for stealing an egg. He did it multiple times, he's a pathological thief. So what about the one who steals that which is one of the most honorable things to the woman and he rapes her.

So the ulema of Islam said, Allah mentioned the woman here as Zania first, because ultimately the responsibility of a zina lies with the woman. So the Muslim woman has to be careful. All he's doing is trying to chat you up and he's promising you so many things.

He's not going to marry you. If he was going to marry you, he would have married you and gone about it the correct way. Promises, all kind of promises.

Yeah, when we get married after we do it, I'm going to take you to Saudi Arabia, you're going to study in Umm al-Qur'an, and I'm going to be over there, we're going to work, and you're going to memorize the Qur'an. Every year I'm going to take you to your mother's house, and he's lying. So it's ultimately up to the girl.

And for that reason, when some of the companions of Rasulullah (صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ) they argued amongst themselves as to who would take custody of a child that was born from zina. Each one of them were making a claim that the child was a child from zina. The Prophet (صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ) said about that child: The baby belongs to the bed in which it was born on, to the mother.

And the one who made the zina with her means you go away with nothing. You don't take the boy's name, he doesn't take your name, he's not from your loins. Our children are established through nikah.

The child is established, and our lineage is established in Islam through the proper nikah. So we have to be diligent in marrying people the correct way. We have to be correct and serious in not having children, knowingly or unknowingly, by the means and the ways that are not from Islam.

So that lady is responsible for that child. And the child becomes known as Abdullah ibn Fatima, Ahmed ibn Maryam, because the father is not known. It's a ibn zina.

Fourth Ayah - The Misunderstood Ayah

The last ayah is a statement of Allah subhanahu wa ta'ala. Pay attention to this misunderstood ayah, so that we inshallah ta'ala, can open up the door of rahmah some of our brothers and sisters who want to get married to

good people.

Ayah:

The ayah said, that the man who was guilty of committing zina, he doesn't marry anyone except another woman who was guilty of zina or a mushrik.

And the believing woman who was guilty of committing zina in her life, she doesn't marry anyone except another man who was guilty of zina or a mushrik. And that is haram on the believers. This ayah of the Quran is misunderstood.

Some people understood that the ayah is saying, that if a person committed zina, they can only marry a person also guilty of committing zina, or marry a mushrik. And this is not the case. The reaver who committed zina has children in jahiliyyah, from the men or the women.

When they come into Islam, it's permissible for them to marry the virgins from our community. The ayah is not what the scholars call the insha'ul hukum. It is not a ruling telling you, if you committed zina, you only can marry a zania or a mushrika.

Ayah:

It's haram to marry mushrik women:

Don't marry the disbelieving women, the mushrik women, until they believe. A believing slave woman is better than the mushrik women, even though the mushrik women may please you.

Men can't marry mushrik women, and definitely Muslim women can't marry them as well. So the ayah is saying, if a man wants to get married, or a woman wants to get married, it is not permissible to marry someone who is committing zina right now. Or someone who was a zani or a zania, and they didn't make tawbah from the zina that they committed.

But if they make tawbah:

الْإِسْلَامُ يَجُبُّ مَا قَبْلَهُ

Islam wipes away what went before.

This ayah, as the scholars of the tafsir of the Quran say, there's a science in the Quran called:

أَسْبَابُ النُّزُولِ

The reason why the ayahs were revealed.

The Story Behind the Ayah

The scholars of Islam wrote books like that, A shaykh, mukbal, wrote one with only what is authentic. When a person knows why the ayah was revealed, he'll understand correctly the meaning of the ayah. So the Quran was revealed upon the companions.

So how is it possible someone is going to come today, and say that the companions were kuffar. There was a companion by the name of:

مَرْتَدُ بْنُ أَبِي مَرْثَدٍ الْغَنَوِيُّ رَضِيَ اللَّهُ عَنْهُ

He used to leave Al Medina, and go to Mecca, and bring back the captives. To bring them back to Medina, to Rasulullah (صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ) because that's money.

Bring back the captives. So we have to sneak inside of Mecca, and get the slaves, and the people he was going to bring back, and then get back to Al Medina. On one of his trips, he was in Medina, and he was spotted by a woman by the name of:

عَنَاقٌ

A woman from Mecca. It was his girlfriend في الجاهلية that he used to have illicit relationships with. When she noticed him after not seeing him for a long time, because he made hijrah, she said:

مَرْتَدُ يَا مَرْتَدُ تَعَالَ بِنْ عِندِي

Come مرثد Come and sleep with me tonight. Stay in my home tonight.

مرثد said:

(Source Name)

The price that you حرام The Rasul Allah made it حرام, رسول الله صلى الله عليه وسلم نَهَى عَنْ مَهْرِ الْبَغِيِّ made that رسول الله get, it's not permissible.

The lady got mad. So she called the people of Mecca and said: Here is مرد. He's here to take the slaves.

Get him. The scorn of a woman. So they went chasing after مرثد.

He ran into the mountains of Mecca. He said رَضِيَ اللهُ عَنْهُ : I hid between some rocks in a little crevice. The eight of them came, and when they didn't find me, they decided to urinate all together and they urinated on me.

And he was patient فِي سَبِيلِ اللَّهِ. He was patient for Allah and his messenger. He had a job. He has to get back to Mecca, to Medina.

He went back to Medina, told Rasool Allah (صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ) the story. Rasool Allah remained silent. He didn't know what was the ruling.

Ya Rasool Allah, This is what happened. She was my girlfriend in Jahiliyyah. I wanna marry her.

Can I marry her? He was quiet. And then Allah جَلَّ وَعَزَّ after some time revealed this particular ayah. The one who is a fornicator only marries another woman who's a fornicator who doesn't see that as being haram or being a big issue or marries a mushrik because they don't see it as being big.

And the lady who's a fornicator will only marry another man who's guilty of it because he doesn't see it as she doesn't see it as being big. Or she marries a mushrik because they don't see it as being haram.

وَحُرِّمَ ذَلِكَ عَلَى الْمُؤْمِنِينَ

So it is not permissible for a believing man to marry a woman who's a zaniyyah.

That's the reason why this particular ayah of the Quran was revealed. So those are the ayat that Imam Zahabi brought in this particular chapter.

Marrying Someone Who Previously Committed Zina

Concerning the issue of marrying the woman who is guilty of committing zina. Or the woman marrying a man who is guilty of committing zina. This is permissible if they make tawbah. This is permissible.

Al-Islam, a tawbah wipes away what went before it. In addition to that, Allah Ta'ala has mentioned to the men in the Quran and the women in so many ayahs and a number of ayahs about the permissibility of marrying women like the statement of Allah in the Quran:

Ayah:

If you wanna marry the women, marry them after you've gotten the permission from their fathers, from their awliya, and pay them their dowries, and marry the women who are:

مُحْصَنَاتٍ غَيْرَ مُسَافِحَاتٍ

Not the ones who make zina.

وَلَا مُتَّخِذَاتِ أَخْدَانٍ

And not the women who have boyfriends. That's what he said to the men and he described the women who we marry. He said to the men or to the women about marrying men who are like that in surah al-ma'idah:

Ayah:

"Marry the believing women and the virtuous, righteous women from the people of the book who were given the book before you, marry them and give them their dowries and you men be upright, don't commit *zina* and don't have girlfriends. So we can marry women from the people of the book but if the lady is a *zania* practicing *zina* now it's haram."

Hadith Evidence

بِإِذْنِ اللَّهِ تَعَالَى

: قَالَ الْإِمَامُ الذَّهَبِيُّ وَقَالَ عَلَيْهِ الصَّلَاةُ وَالسَّلَامُ

Hadith:

(Sahih al-Bukhari, Hadith 2475; Sahih Muslim, Hadith 57)

We'll stop here. As it relates to these two hadith the إمام الذهبي رحمه الله تعالى and رسول الله صلى الله عليه وسلم's hadith it's not permissible having other relationships.

The hadith said a person does not commit *zina* nor does he steal while he is a *mu'min*. He doesn't make *zina*, drink خمر, nor does he steal while he is a *mu'min*. The second hadith is similar to that: if a slave commits *zina*, *iman* comes off of him and out of him. And if he goes back, when he leaves the *zina*, that's when his *iman* comes back to him.

كَمَا يَخْلَعُ الْإِنْسَانُ الْقَمِيصَ مِنْ رَأْسِهِ

This is not an authentic hadith: whoever makes *zina* or drinks خمر, Allah Ta'ala takes away from him the *iman* the way he takes off of the thobe from himself.

These three hadiths of Rasulullah صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ are hadiths that are misunderstood by the *khawarij* and the people who make *takfir*. The people who want to make *takfir* of people, they love making *takfir* of the Muslims.

The hadith said a person when he commits *zina* he's not a *mu'min*. When he drinks خمر he's not a *mu'min*. When he steals he's not a *mu'min*. So they must be *kuffar*.

That's the position of the mutazila. That's the position of the khawarij. But the position, brothers and sisters of the Sunnah and the hadith is that anyone who commits any of these sins while he's doing it he's not a mu'min kamilul iman.

His *iman* is not complete. And *iman* goes up when you obey Allah and your *iman* goes down when you disobey Allah. The bigger the crime, the bigger the *dhanub* and the *maasi*, the more your *iman* will go down. But you will always have *iman*. And whether you make *taubah* or not from the sin that you committed you're under the *mashia* of Allah. If he wants he'll forgive you. If he doesn't want he won't forgive you. You don't go outside of the religion of Al-Islam.

The Prophet Sallallahu Alaihi Wasallam, as we mentioned, the lady Al-Ghamidiyah radiyallahu anha committed *zina* and was stoned to death. And the companion said some things. He said don't help the shaitan over her. If you put her *iman* on the scale, the *iman* of people of Medina on the other scale, her *iman* from the *taubah* will be better and more than theirs.

And he prayed over her. And he prayed over the Ma'iz. Men, if they were *kuffar*, would he pray the *salat* of the *janazah* over them? He didn't pray the *salat* of the *janazah* over the one who had a debt and he prayed over the one who had the had from the *hudud* of Allah established. He wouldn't pray the *janazah* over non-muslim.

So those ahadith are talking about the completion of a person's *iman*.

Additional Type: Marriage Without Wali

We're going to stop here inshallah ta'ala because it's a relatively long bab and we ask Allah ta'ala to protect our eyes, our tongues, our hearts, our mind, our children, our women, ourselves from *zina* and all of the shapes, forms, fashions.

And we ask Allah ta'ala to take us out of the environment that is not conducive to a man or a woman having al-izzah inshara prevents a woman from being *aziza insharifa*. And that al-hayat she can't have hayat because in order to survive she has to be aggressive and she has to live despite herself. And that's why for most of us al-hijrah from these environments are an obligation.

As *zina* is a *kabira* from the *kabair*. From *zina*, ikhwani is the man who marries a woman and he runs off with her without getting the permission of her parents. That's *zina*. You have to have the *wali*. There has to be a *wali* in the nikah:

لَا نِكَاحَ إِلَّا بِوَلِيِّ

(Sunan al-Tirmidhi, Hadith 1101)

If the person is hanafi and he really believe with ikhlas and sincerity that the hanafi way is correct in that, then that is not zina. He made a mistake.

When they came to abdullah bin abbas radiyallahu anhu and abu huraira in another incident, the man said: I committed *zina* with this woman and I want to marry her. Abu huraira said: Marry her and be quiet about the *zina*. The people were sitting there they said how could you allow him to marry her? He said radiyallahu anhu:

كَانَ أَوَّلُ أَمْرِهِمُ السِّفَاحَ وَآخِرُ أَمْرِهِمُ النِّكَاحَ

Their beginning was *zina* and their end was marriage. So if a person makes a mistake and he wants to rectify it, don't go broadcasting. You'll make a *fitna* for yourself.

Those people who know that you can't marry a woman without a *wali*, if you marry her and elope and you consummate, you have committed *zina* in the religion of al-islam and that child is *ibnu zina*, *bintu zina*.

Closing

So let us protect our privates as the ayat of the quran said:

وَيَحْفَظُوا فُرُوجَهُمْ

Let them protect their privates. When you protect it, you protect your lineage.

وَالسَّلَامُ عَلَيْكُمْ وَرَحْمَةُ اللَّهِ وَبَرَكَاتُهُ