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

The Major Sins Series - Adultery/Fornication

Opening

In the name of Allah, the Most Gracious, the Most Merciful.

All praise is due to Allah. We praise Him, we ask His help, we ask His forgiveness, and we seek refuge in Allah from the evil of our souls. And I bear witness that there is no god but Allah, alone, with no partner. And I bear witness that Muhammad is His servant and Messenger. Peace and blessings be upon him.

Introduction

Al-Imam Al-Dhahabi, may Allah have mercy upon him and upon his Sheikh, Sheikh al-Islam Ibn Taymiyyah, and his brothers: Al-Imam Abdullah Ibn Abdul Hadi, Al-Imam Al-Mizzi, and others, and upon us as well.

He said: The next major sin (Kabirah) is the sin of Zina (adultery/fornication). And some Zina is greater than other forms of Zina. So Zina has levels (Darajat) and types (Anwa').

Types of Zina

Mut'ah Marriage

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

"Verily, Allah has made that (Mut'ah) haram until the Day of Judgment. And I had permitted you at one time to practice Al-Mut'ah with the women."

(Sahih Muslim, Hadith 1406)

So there was a time when Al-Mut'ah marriage was permissible. And then he made it haram in the year that they conquered the Jews of Khaybar. And some of the companions narrated that it was in the year of the conquest of Makkah (Fath Makkah).

And from the narrators of this hadith is Ali ibn Abi Talib رضي الله عنه. So any revered Muslim or any Muslim who comes into the Deen, do not be fooled by the authentic statement that Abdullah ibn Abbas رضي الله عنه was of the opinion that Al-Mut'ah 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 سبحانه وتعالى has mentioned concerning the companions of Rasulullah:

"Those are the truthful ones."

"Those are the successful ones."

Allah said about them:

"Allah is pleased with them and they are pleased with Allah." (Quran 5:119)

"He (Allah) is the one who sent to the unlettered people a Prophet from their own selves. He recites to them His verses, purifies them, and teaches them the Book and the wisdom."

So Allah has established in the Quran that the purification (tazkiyah) has come to the companions. And they were the scholars of the Quran and the scholars of the Sunnah.

And then a group of people come today who say that Rasulullah's companions were disbelievers. And they say that Mut'ah marriage is halal. And they say that the Quran is incomplete. And they say part of their religion is deception and lying (Taqiyyah). So they are liars. They have no integrity (adalah). They have no piety (diyanah). And they make Zina. And they have children of Zina because they practice Mut'ah marriage.

So Allah جل وعز has established in the Quran that Mut'ah marriage was acceptable at one time, but it has been abrogated until Yawm al-Qiyamah.

Triple Divorce

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.

"O you men, you are allowed to divorce your wives two times. After divorcing her the second time, either retain them in kindness with honor or let them go with honor."

And then Allah تعالى mentioned after that, some verses later on in that surah:

"So if the man divorces his wife the third time, she is not halal for him until she marries another husband, and the new husband 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 children of Zina أبناء الزنا

Nikah at-Tahlil and Nikah ash-Shighar

From the Zina that people fall into is the Nikah of Tahlil and the Nikah of Shighar.

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 ﷺ calls: he borrows a bull, he borrows a stud, and he says, "Come, I divorced my wife the third

time. You marry her and make her 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 people fall into is the Nikah of Shighar. 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 invalid (batil).

So with Zina, it has levels. From what we just mentioned, all of that is from the major sins (kabair), and people have fallen into it.

Homosexuality and Bestiality

But even greater than that is the Zina of homosexuality between men (as-Sihaq) and lesbianism (al-Liwat).

The Zina of homosexuality and the Zina of lesbianism. 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."

(Sunan Abu Dawud, Hadith 4462)

And this is going to come inshallah in Kitab al-Kabair—Al-Liwat, 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.

And from the worst types of Zina is the Zina of having relations with animals. He says, 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."

(Sunan Abu Dawud, Hadith 4464)

They asked Abdullah ibn Abbas, "What's the fault of the animal? What did the animal do?"

He said, "I didn't hear Rasulullah 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 husbands of the donkeys and dogs. Our women become embarrassed about wearing hijab from the opinions of those people. Zina.

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 stepdaughter. He molests his own daughter. He has relations with his brother's wife.

First Verse: Do Not Approach Zina

The first verse is the statement of Allah تعالى

"Do not come close to Zina. It didn't say don't fall into Zina. The verse said, do not come close to Zina. For verily it is an abomination (fahishah) and a terrible way to go—a terrible way."

This verse of the Quran, Ikhwan, has given the ulama of Islam and the Muslims a concept that we use in all aspects of our lives. And it is what is called (سَدُّ الذِّرَائِعِ - Sadd adh-Dhara'i')—closing the door of something before it happens.

The best way to cure a sickness is preventing it. (الْوِقَايَةُ - Al-Wiqayah)-prevention) is the best cure (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 alcohol (khamr).
• You want to have religious children? Don't let them watch TV unsupervised.

Close the door. That's what this verse is saying. وَلَا تَقْرَبُوا الرِّنَا it didn't say don't fall into it. Don't come close to it.

So Allah سبحانه وتعالى has legislated a number of ways to prevent people from coming close to Zina.

Lowering the Gaze:

"Tell the believing men to 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 beauty (zinatahunna), 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 Zina.

No Free Mixing:

إِيَّاكُمْ وَالدُّخُولَ عَلَى النِّسَاءِ

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

(Sahih al-Bukhari, Hadith 5232)

Don't sit there together. The brother-in-law will not fall in love with the sister-in-law.

From the ways, he says:

مَا خَلَا رَجُلٌ بِامْرَأَةٍ إِلَّا كَانَ الشَّيْطَانُ ثَالِثَهُمَا

"A man is not alone with a woman except that a Shaitan is the third of them."

(Sunan al-Tirmidhi, Hadith 2165)

Don't be alone with the woman.

Second Verse: Zina Alongside Shirk and Murder

The next verse that Imam Al-Dhahabi brings is the statement of Allah تعالى showing and proving Zina is a major sin (kabirah) from the major sins (kabair):

"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 punishment (ithm) for what they did."

So that proves that Zina is a major sin because Allah عز وجل has mentioned Zina along with shirk, murder, and then Zina. And that's the order that the majority of the scholars say the biggest of the major sins are in that order: shirk, and then murder, and then the greatest sin after murder is Zina.

And Zina is different levels and different degrees.

The man came and asked him ﷺ, "Ya Rasulullah, what's the worst major sin (kabirah) from the major sins?"

"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 major sins.

Third Verse: Punishment of Flogging

He brought the third hadith or verse, or the fourth verse, the statement of Allah تعالى

"The fornicating woman and the fornicating man—flog both of them 100 times for what they did. Flog 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: Woman Mentioned First

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—a subtle point (latifah) from the Quran, the wisdom 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 verses, the majority of the verses 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 verses of the Quran.

Even with the disbelievers:

So many verses of the Quran:

"The believing men and believing women should have thought about themselves good."

But in this verse, Allah mentioned the woman first:

الزَّانِيَةُ وَالزَّانِي

"The woman who fornicates and the man who fornicates—flog both of them 100 times."

The scholars 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 Zina is to rape someone.

لَا يَزْنِي الزَّانِي حِينَ يَزْنِي وَهُوَ مُؤْمِنٌ

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

لَعَنَ اللَّهُ مَنْ يَسْرِقُ بَيْضَةً فَتُقْطَعُ يَدُهُ

"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 ulama of Islam said: Allah mentioned the woman here as Zaniyah first because ultimately the responsibility of 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-Qura, and I'm going to be over there. We're going to work, and you're going to memorize the Quran. 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.

The Child Belongs to the Mother

And for that reason, when some of the companions of Rasulullah ﷺ 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 theirs—the Prophet ﷺ said about that child:

الْوَلَدُ لِلْفِرَاشِ

"The baby belongs to the bed in which it was born on—to the mother."

(Sahih al-Bukhari, Hadith 2053)

And the one who made the Zina with her—you go away with nothing. You don't take the boy's name. He doesn't take your name. He's not from your lineage.

Our children are established through marriage (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 Fatimah, Ahmad ibn Maryam, because the father is not known. It's a child of Zina (ibn Zina).

Fourth Verse: Marrying Those Who Committed Zina

The last verse is a statement of Allah سبحانه وتعالى . Pay attention to this misunderstood verse, so that we inshallah تعالی can open up the door of mercy for some of our brothers and sisters who want to get married to good people.

The verse said:

"The man who was guilty of committing Zina, he doesn't marry anyone except another woman who was guilty of Zina or a mushrikah (polytheist woman). 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 verse of the Quran is misunderstood. Some people understood that the verse 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 person who committed Zina, who has children from 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 verse is not what the scholars call "the establishment of a ruling" (insha' al-hukm). It is not a ruling telling you: If you committed Zina, you only can marry a Zaniyah or a mushrikah.

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 verse 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 fornicator (zani) or a fornicatress (zaniyah), and they

didn't make repentance (tawbah) from the Zina that they committed.

But if they make tawbah:

الْإِسْلَامُ يَجُبُّ مَا كَانَ قَبْلَهُ

"Islam wipes away what went before."

(Sahih Muslim, Hadith 121)

The Reason for Revelation (Asbab an-Nuzul)

This verse, as the scholars of the exegesis (tafsir) of the Quran say, there's a science in the Quran called (أَسْبَابُ النُّزُولِ - Asbab an-Nuzul) the reason why the verses were revealed.

The scholars of Islam wrote books like that. Sheikh Muqbil wrote one with only what is authentic. When a person knows why the verse was revealed, he'll understand correctly the meaning of the verse.

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 disbelievers?

There was a companion by the name of مَرْثَدُ بْنُ أَبِي مَرْثَدِ الْغَنَوِيِّ رضي الله عنه . He used to leave Medina and go to Mecca and bring back the captives, to bring them back to Medina, to Rasulullah ﷺ, because that's money. Bring back the captives.

So he had to sneak inside of Mecca and get the slaves and the people he was going to bring back, and then get back to Medina.

On one of his trips, he was in Mecca, and he was spotted by a woman by the name of عَنَاقٌ مُشْرِكَةٌ a woman from Mecca. It was his girlfriend from Jahiliyyah 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:

يَا مَرْثَدُ تَعَالَ وَبِتْ عِندِي

"Come, Marthad. Come and sleep with me tonight. Stay in my home tonight."

Marthad رضي الله عنه said:

إِنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَدْ حَرَّمَ ذَلِكَ

"Rasulullah made that haram."

نَهَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ مَهْرِ الْبَغِيِّ

"The Messenger of Allah made it haram to get that price—not permissible."

The lady got mad. So she called the people of Mecca and said, "Here is Marthad. He's here to take the slaves. Get him!" The scorn of a woman.

So they went chasing after Marthad. He ran into the mountains of Mecca. He said رضي الله عنه: "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 اللهِ he was patient for Allah and His Messenger. He had a job. He has to get back to Medina.

He went back to Medina, told Rasulullah ﷺ the story. Rasulullah remained silent. He didn't know what was the ruling.

"Ya Rasulullah, this is what happened. She was my girlfriend in Jahiliyyah. I wanna marry her. Can I marry her?"

ARABIC TEXT (CRITICAL - PRESERVE EXACTLY)

1. ARABIC WITH FULL HARAKAT (CRITICAL):

- ADD harakat/diacritics (فَتْحَة، ضَمَّة، كَسْرَة، سُكُون، شَدَّة، تَنْوِين) to ALL Arabic text - Even if source PDF shows Arabic without harakat, YOU MUST add the correct harakat - Example: رحمها الله → رَحِمَهَا اللهُ | كما ربتني → كَمَا رَبَّتْنِي - This is essential for proper Quranic/Islamic text pronunciation

2. Quranic verses - wrap in GREEN/EMERALD box WITH CLICKABLE REFERENCE:

⚠️ CRITICAL: ONLY use green/emerald boxes for ACTUAL Quran verses (Allah's words). ⚠️ CRITICAL: ONLY ARABIC TEXT goes inside the green box. English translation goes OUTSIDE/AFTER the box.

HOW TO IDENTIFY QURAN vs HADITH: - If text is preceded by "The Prophet said", "Prophet ﷺ said", "He said" (referring to Prophet) → This is HADITH, use BLUE box - If text is preceded by "Allah says", "In the Quran", or you recognize it as a Quran verse → This is QURAN, use GREEN box - Words of the Prophet Muhammad are HADITH, not Quran - When in doubt, use YELLOW box (rule 5)

FORMAT (Arabic ONLY inside box, English translation OUTSIDE):

"[English translation here]"

CRITICAL RULES FOR QURAN REFERENCES: - NEVER output "SURAH:AYAH" as literal text - replace with actual numbers like "2:255" - NEVER output "0:0", "null", or any placeholder - NEVER output "(Quran SURAH:AYAH)" - this is a placeholder, not a real reference - If you cannot identify the EXACT surah:ayah number, DO NOT use green box - use YELLOW box instead (rule 5) - Only use green box if you are 100% certain it's Quran AND you know the exact reference

Example: For Ayatul Kursi, use href="https://quran.com/2:255" with text "(Quran 2:255)"

3. Hadith (Prophet's words) - wrap in BLUE box:

⚠️ USE BLUE BOX when Arabic text is introduced by: - "The Prophet said", "Prophet ﷺ said", "The Messenger of Allah said" - "He said" (when referring to the Prophet in context) - Any quote attributed to Prophet Muhammad

⚠️ CRITICAL: ONLY ARABIC TEXT goes inside the blue box. NO English, NO references inside the box.

FORMAT (Arabic ONLY inside box, reference and translation OUTSIDE):

(Source Name)

"[English translation here]"

NOTE: Put the source reference OUTSIDE the box as a separate line. If source is unknown, omit it entirely:

WHEN TO USE BOXES vs INLINE: - Use colored box: When Arabic text is a COMPLETE standalone verse/hadith on its own line - Keep INLINE (no box): When Arabic is mixed within an English sentence (like du'as, short phrases)

HADITH LINKING RULES (CRITICAL - prevents 404 errors):

A. Allowed slugs ONLY: bukhari, abudawud, tirmidhi, nasai, ibnmajah, riyadussalihin, nawawi40

B. Standard format: https://sunnah.com/[slug]:[number] - Sahih Bukhari 1234 → https://sunnah.com/bukhari:1234 - Sunan Abu Dawud 890 → https://sunnah.com/abudawud:890 - Jami at-Tirmidhi 111 → https://sunnah.com/tirmidhi:111 - Sunan an-Nasa'i 222 → https://sunnah.com/nasai:222 - Sunan Ibn Majah 333 → https://sunnah.com/ibnmajah:333 - Riyad as-Salihin 444 → https://sunnah.com/riyadussalihin:444 - 40 Hadith Nawawi 5 → https://sunnah.com/nawawi40:5

C. SAHIH MUSLIM - ALWAYS use SEARCH link (never direct): Muslim uses alphanumeric suffixes (224a, 224b) that break direct links. - Sahih Muslim 567 → https://sunnah.com/search?q=muslim+567 - Sahih Muslim 1234 → https://sunnah.com/search?q=muslim+1234

D. Volume/Page references - NO LINK (plain text only): If reference mentions "Volume" or "Page", output as plain text without hyperlink. Sunnah.com uses in-book numbering only.

E. Deduplication: If hadith appears in multiple books, link to Bukhari only.

F. NO GUESSING: If unsure of the exact number, output as plain text (no link). A missing link is better than a broken 404 link.

4. Arabic honorifics (صلى الله عليه وسلم) - keep INLINE with names, no boxes

5. Du'as and unidentified Arabic - wrap in YELLOW/AMBER box (NO REFERENCE AT ALL):

Use this for supplications (du'as), prayers, or Arabic text you cannot identify:

⚠️ CRITICAL: ONLY ARABIC TEXT goes inside the yellow box. English translation goes OUTSIDE/AFTER the box.

FORMAT (Arabic ONLY inside box, English translation OUTSIDE):

"[English translation here]"

⚠️ YELLOW BOX = NO REFERENCE LINE. Do not add any "(Source)" or "(Quran X:Y)" text. This is the DEFAULT for standalone Arabic when source is uncertain. WHEN IN DOUBT, USE YELLOW BOX.

ENGLISH TEXT

STRUCTURE: - Headings:

HEADING

- Subheadings:

SUBHEADING

- Paragraphs:

TEXT

EMPHASIS (Use generously for visual interest):

1. BOLD - Use for: - Allah, God references - Prophet Muhammad, Prophet names - Islamic terms: taqwa, iman, salah, zakat, hajj, jannah, jahannam - Names of companions (sahaba) - Key theological concepts

2. UNDERLINE - Use for: - Direct commands and imperatives - Critical warnings - Call-to-action statements

3. HIGHLIGHT - Use for: - Key takeaways and main points (1-2 per section) - Memorable quotes or wisdom - Important definitions - Powerful statements that summarize a concept

4. ITALICS - Use for: - Transliterations of Arabic words - Book titles - Emphasis on specific words

INLINE ARABIC WITH TRANSLITERATION (CRITICAL FOR BRACKETS)

When Arabic text appears INLINE with English (not in emerald boxes), wrap the entire Arabic + transliteration in a span with dir="ltr" to fix bracket direction:

CORRECT FORMAT: (Arabic text - transliteration)

Example: Alright everyone, (بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ - bismillahir-rahmanir-rahim)

This prevents the parentheses from appearing inverted like )( instead of ().

RULES

1. FORMAT 100% of content - do NOT skip, summarize, or truncate 2. Return ONLY HTML - no markdown blocks, no explanations 3. Preserve ALL Arabic exactly as it appears with full diacritics 4. Always use dir="ltr" spans for inline Arabic with parentheses

---

He was quiet. And then Allah (جل وعز - Jalla wa 'Azza) after some time, revealed this particular verse:

الزَّانِي لَا يَنكِحُ إِلَّا زَانِيَةً أَوْ مُشْرِكَةً

(Quran 24:3)

"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 mushrikah 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 ذَٰلِكَ عَلَى ٱلْمُؤْمِنِينَ "So it is not permissible for a believing man to marry a woman who's a Zaniyah."

That's the reason why this particular verse of the Quran was revealed.

Conclusion on Marrying After Repentance

So those are the verses that Imam Dhahabi brought in this particular chapter 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. Islam-tawbah wipes away what went before it.

In addition to that Allah (تعالى - Ta'ala) has mentioned to the men in the Quran and the women in so many verses and a number of verses about the permissibility of marrying women, like the statement of Allah in the Quran:

وَآتُوهُنَّ أُجُورَهُنَّ بِٱلْمَعْرُوفِ مُحْصَنَٰتٍ غَيْرَ مُسَٰفِحَٰتٍ وَلَا مُتَّخِذَٰتِ أَخْدَانٍ

(Quran 4:24)

"If you wanna marry the women, marry them after you've gotten the permission from their fathers, from their guardians (awliya), and pay them their dowries, and marry the women who are chaste (muhsanat)—not the ones who make Zina (ghayr musafihat), and not the women who have boyfriends (wala muttakhidhat akhdan)."

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:

وَٱلْمُحْصَنَٰتُ مِنَ ٱلْمُؤْمِنَٰتِ وَٱلْمُحْصَنَٰتُ مِنَ ٱلَّذِينَ أُوتُواْ ٱلْكِتَٰبَ مِن قَبْلِكُمْ إِذَآ ءَاتَيْتُمُوهُنَّ أُجُورَهُنَّ مُحْصِنِينَ غَيْرَ مُسَٰفِحِينَ وَلَا مُتَّخِذِيٓ أَخْدَانٍ

(Quran 5:5)

"The believing women and the virtuous, righteous women from the People of the Book (Ahlul Kitab) 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 Ahlul Kitab, but if the lady is a Zaniyah practicing Zina now, it's haram.

Hadiths on Zina

بِإِذْنِ ٱللَّهِ تَعَالَىٰ قَالَ ٱلْإِمَامُ ٱلذَّهَبِيُّ وَقَالَ عَلَيْهِ ٱلصَّلَاةُ وَٱلسَّلَامُ لَا يَزْنِي ٱلزَّانِي حِينَ يَزْنِي وَهُوَ مُؤْمِنٌ وَلَا يَسْرِقُ ٱلسَّارِقُ حِينَ يَسْرِقُ وَهُوَ مُؤْمِنٌ وَلَا يَشْرَبُ ٱلْخَمْرَ حِينَ يَشْرَبُهَا وَهُوَ مُؤْمِنٌ

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

"A man does not commit Zina while he is a believer. And a man does not steal while he is a believer. Nor does he drink alcohol (khamr) while he's doing it except that he's not a believer."

We'll stop here as it relates to these two hadiths that he brought—Imam al-Dhahabi (رحمه الله تعالى - rahimahullah ta'ala) and Rasulullah.

---

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."

رَأْسِهِ مِنَ الْقَمِيصِ الْإِنْسَانُ يَخْلَعُ كَمَا

"Like the way he takes off the thobe (garment) from himself."

This is not an authentic hadith:

"Whoever makes Zina or drinks khamr, Allah (تعالى - Ta'ala) takes away from him..."

Understanding These Hadiths

These three hadiths of Rasulullah (ﷺ - sallallahu alayhi wasallam) 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 khamr, he's not a mu'min. When he steals, he's not a mu'min. So they must be disbelievers (kuffar).

That's the position of the Mu'tazilah. That's the position of the Khawarij.

But the position, brothers and sisters, of Ahlus Sunnah wal-Hadith is that anyone who commits any of these sins while he's doing it, he's not a mu'min kamil al-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 sin (noob) and disobedience (ma'asi), the more your iman will go down. But you will always have iman.

And whether you make tawbah or not from the sin that you committed, you're under the will of Allah (mashiah). 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 Islam.

Examples from the Sunnah

The Prophet (ﷺ - sallallahu alayhi wasallam), as we mentioned, the lady Al-Ghamidiyah (رضي الله عنها - radi allahu 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 and the iman of people of Medina on the other scale, her iman from the tawbah will be better and more than theirs."

And he prayed over her. And he prayed over the Ma'iz (رضي الله عنه - radi allahu anhu).

If they were disbelievers, would he pray the prayer of the funeral (salat al-janazah) over them? He didn't pray the salat al- janazah over the one who had a debt, and he prayed over the one who had the punishments (hudud) of Allah established.

He wouldn't pray the janazah over non-Muslims. So those ahadith are talking about the completion of a person's iman.

Final Reminders

We're going to stop here (إن شاء الله - inshallah) because it's a relatively long chapter. And we ask Allah (تعالى - Ta'ala) to protect:

• Our eyes
• Our tongues

---

• Our hearts
• Our minds
• Our children
• Our women
• Ourselves from Zina and all of its shapes, forms, and fashions

And we ask Allah (تعالى - Ta'ala) to take us out of the environment that is not conducive to a man or a woman having honor (al-'izzah).

It prevents a woman from being honorable (azizah) and chaste (sharifah). And that life (al-hayat)—she can't have modesty (haya') 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, emigration (al-hijrah) from these environments are an obligation, as Zina is a major sin from the major sins.

Marrying Without a Guardian

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 guardian (wali). There has to be a wali in the marriage (nikah):

لَا نِكَاحَ إِلَّا بِوَلِيٍّ

"There is no marriage except with a guardian."

Reference: Sunan al-Tirmidhi, Hadith 1101

If the person is Hanafi and he really believes with sincerity (ikhlas) that the Hanafi way is correct in that, then that is not Zina. He made a mistake.

When they came to Abdullah ibn Abbas (رضي الله عنهما - radi allahu anhuma) and Abu Hurayrah in another incident, the man said, "I committed Zina with this woman and I want to marry her."

Abu Hurayrah said, "Marry her and be quiet about the Zina."

The people were sitting there. They said, "How could you allow him to marry her?"