The Major Sins Series - Adultery Fornication 2 - Abu Usama 1417

The Major Sins Series - Adultery/Fornication Part 2

Speaker: Abu Usama

Opening

السَّلَامُ عَلَيْكُمْ وَرَحْمَةُ اللَّهِ وَبَرَكَاتُهُ

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

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

Introduction

It is narrated by Imam Muslim, he (the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ) said:

(Sahih Muslim)

Hadith: Four Categories Allah Detests

(Sahih Muslim)

"There are four people whom Allah detests: Al-Bayya' Al-Hallaf (the businessman who swears excessively), Al-Faqeer Al-Mukhtal (the arrogant poor person), Al-Sheikh Al-Zani (the elder who commits adultery), and Al-Imam Al-Ja'ir (the oppressive ruler)."

This hadith is narrated by Imam Al-Nasa'i and its chain is Sahih.

Imam Al-Dhahabi said: And the greatest of adultery is adultery with the mother, the sister, the father's wife, and with the mahram (forbidden relatives).

Imam Al-Hakim, may Allah have mercy on him, said: And the greatest punishment for adultery is to kill a person who has committed this unlawful act.

Continuation of the Chapter on Zina

This is the completion, Ikhwaniyah (my brothers), of the chapter of Zina, from the book Al-Kaba'ir (The Major Sins), where he took the proofs to show that Zina is a Kabira (major sin) from the Kaba'ir.

بَلْ هِيَ مِنْ أَعْظَمِ الْكَبَائِرِ

"Rather, it is from the greatest of the major sins."

And how he also proved with those ayat and some hadith how there are different types of Zina and different levels of Zina. So we continue with that today.

Additional Examples of Zina to Avoid

We mentioned last week, brothers and sisters, some examples of Zina that people of Al-Ahwa (desires) are falling into concerning the Zina of Al-Muta' (temporary marriage) and Zina of marrying without the permission of the Wali (guardian).

And other examples—we want to mention maybe three more today that we need to be careful of because it is considered to be Zina. And the children who come as a result of this union are Abna'u Zina (children of fornication). And whether the person is keeping it a secret or not, Yawm al-Qiyamah, his children are going to be exposed as being Abna'u Zina.

وَاللَّهُ أَعْلَىٰ وَأَعْلَمُ

First Example: Marriage at the Registrar's Office Only

From those examples of Zina is the Muslim man or woman who agreed to go down to the registrar's office and they get married with the Kuffar (disbelievers). And they don't get married with the Muslims. They only go down to the registrar's office and they get married with the Kuffar.

This is Zina. Even though that marriage is recognized in this country, that is Zina in the religion of Al-Islam.

Allah Subhanahu Wa Ta'ala told us in the Quran:

Reference: Quran 4:141

"Allah has not given the disbelievers a way over the Muslims."

He تَبَارَكَ وَتَعَالَى said in so many ayahs of the Quran about the importance of Al-Wala' wal-Bara' (loyalty and disavowal(:

Reference: Quran 5:44, 5:45, 5:47

"And whoever does not judge by what Allah has revealed, then it is those who are the disbelievers."

"And whoever does not judge by what Allah has revealed, then it is those who are the wrongdoers."

"And whoever does not judge by what Allah has revealed, then it is those who are the defiantly disobedient."

Islam must be above. The registrar's office or other than that, it's not permissible.

لَا نِكَاحَ إِلَّا بِوَلِيِّ وَشَاهِدَيْ عَدْلٍ

The girl has to have a Wali. And there has to be two just witnesses from amongst the Muslims, not from the Kuffar. And there has to be a dowry. And the consent of the girl has to be given.

So if a person goes to the registrar's office without taking the Muslims as his witness, then this is considered to be Zina in the religion of Al-Islam, if he knows what he's doing. If he did it intentionally and he knows what he's doing, this is not permissible.

And in contrast, if the Muslim gets married with the Muslims and he does it correctly, and he doesn't go to the registrar's office, that is the nikah sahih (valid marriage) in our religion.

As for the person who wants to get married in front of the Muslims and he wants to go to the registrar's office for some political reason or some social reason to protect himself, to protect his children, then that is permissible. If he has a legitimate reason to do so, no one is going to say that's kufr. No one is going to say that it's impermissible to protect himself, to protect his family—that is permissible.

But he cannot make the istibdal (substitution)—change what Allah subhanahu wa ta'ala has revealed and legislated in the Quran and the Sunnah for what is being done over there.

Reference: Quran 2:61

"Would you exchange that which is better for that which is lower?"

Would you people choose to change what is better for what is worse? You leave the religion and take the way of those people. So it is not permissible for the Muslim to only get married with those Kuffar.

It's not permissible. He has to get married with the Muslims first, and if he doesn't go to the Kuffar, it is acceptable.

One of the oppressions that we see happening is that sometimes the woman or the family of the girl, they insist: If you want to marry my daughter, you have to marry her in front of the law of the land-whether it's America or whether it's in this country. And what they want to do is they want to use that as a preventive measure of the husband divorcing the girl. Because it is well known if he divorces the girl and it's been registered with the Kuffar, she's going to take half of the property. She's going to receive alimony that she doesn't have a just right and a just cause for.

So we say to those sisters and those women and those awliya (guardians) that they have to fear Allah subhanahu wa ta'ala. Judge by what Allah has revealed.

If they get divorced—and we hope that the divorces in our community, they cease to exist-but if she does get divorced, she has the haqq (right) that has been given to her by Allah subhanahu wa ta'ala. That's the first type of Zina.

Second Example: Claiming Women Are "Right Hand Possessions"

The second type of Zina is the Zina in which the Muslim today is saying that these Kuffar women are what our right hands possess. They're from our right hand possessions.

No doubt, Ikhwan, the right hand possession, the mulk al-yamin (ownership of slaves), is from the religion. But it is not being practiced today correctly. Because jihad is gone. Because the khilafah is gone. Because Islam is not being practiced correctly in the earth, in the dunya.

So the people who are practicing the mulk al-yamin are not practicing it correctly. That's in the Muslim world. What about here?

It is a fact that the mulk al-yamin should not be an issue that we have a problem with. Rasulullah صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ had what his right hands possessed. Last Saturday we gave the talk about al-jihad and the levels of al-jihad and the types of al-jihad.

According to the mafhum (understanding) of Shaykh al-Islam Ibn al-Qayyim rahimahullahu ta'ala, that was extracted from his tremendous book Zad al-Ma'ad. In Zad al-Ma'ad, in chapter number one, when he starts to tell who Rasulullah wasصَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ and he talks about his uncles, and his aunts, and his children, and his wives—there is a portion there about his right hand possessions. And they were quite a few.

So because we are apologetic about our religion and what Allah has revealed, Muslims want to deny the presence and the concept and the permissibility of the right hand possession.

A man can have a concubine in Islam when Islam is being practiced correctly. And for every man that's in this masjid right now, he can have—one man, this many concubines—in addition to his four wives. That's the religion of Islam.

If he had money, it's permissible for him to have this many concubines when Islam was practiced correctly. The people will say, "Why are you mentioning that here? You're embarrassing us." If you're embarrassed, then something is wrong with you and your religion. That's what Allah 'azza wa jalla has revealed in His book.

The Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ had a son as you all know, by the name of Ibrahim radiyallahu ta'ala anhu. And Ibrahim was not from the wife of Rasulullah صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ

Marya, al-Qibtiya, Marya the Coptic lady, may Allah be pleased with her, was his right hand possession. She was not a wife. All of his wives, we know the circumstances behind the marriage—what happened at the Walima? What was the dowry? Where the lady was? We know all of those details.

As it relates to the marriage of Marya, there are no details. But what we know is the detail that she was given to himصَلَّى الله عَلَيْهِ وَسَلَّمَ as a gift by the king of Egypt, along with a baghl (mule). He gave to Rasulullah صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ her Marya, as a gift, and a mule.

Same thing with Ibrahim عَلَيْهِ السَّلَام . Hajar, the mother of Ismail عَلَيْهِ السَّلَام was not the wife of Ibrahim. And there's nothing that we have to apologize about. That's in their religion. So let them be the first one to throw stones at the Khatim (Seal) of the Anbiya and the Rasul, and the Sayyid (Master) of Bani Adam.

That's in their religion, that their Anbiya, our Anbiya, had concubines. So Hajar was the slave girl of the wife of Ibrahim, Sarah. And then Sarah was not able to conceive, so she gave Hajar to Ibrahim as a hadiyah (gift).

So the right hand possession is permissible in Islam, but it cannot be practiced here, as we find it being practiced right now, as I speak, in London. In the streets of London, according to some of the opinion of the young brothers in London: "This place is Dar al-Harb (land of war), and because it's Dar al-Harb, the land of war, we're in war against these people—they have concubines."

These are, in fact, girlfriends, and it's Zina. And children who come from that bond and that union are Abna'u Zina.

Third Example: Marrying Non-Muslim Women

Lastly, Ikhwani, it is not permissible for the Muslim man to marry the non-Muslim woman, nor is it permissible for the Muslim woman to marry the non-Muslim man under any circumstances.

The Muslim man can marry a woman from Ahl al-Kitab (People of the Book), as long as she is not a zaniya (adulteress)—as we mentioned before, that is, she is not a practitioner of Zina right now—he can marry her. She may have committed Zina in the past, she left it alone, and she's just with him, it's permissible for him to marry her.

Even if she says, "Isa is Ibn Allah (son of God)," and "Maryam is the Zawjah (wife) of Allah," or "Maryam is the Umm Allah (mother of God(" عَلَيْهِ السَّلام even if she says that, they're from Ahl al-Kitab, and Allah جَلَّ وَعَزَّ knew what and where He was going to put His risalah (message).

To marry the Sikh, to marry the Hindu, to marry anyone who is an atheist is not permissible in the religion of Al-Islam.

Reference: Quran 60:10

"O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them."

So clearly the Muslim woman cannot marry a non-Muslim man, and the Muslim man cannot marry the mushrika (polytheist woman).

First Hadith: Three People Allah Will Not Address

Concerning today's hadith, the first one al-Imam al-Dhahabi mentions is the authentic hadith that clearly proves and illustrates that Zina is a kabira from the kaba'ir.

There are three people who Allah will not speak to them Yawm al-Qiyamah. And that's a fitna that the Lord of the worlds does not speak to a person Yawm al-Qiyamah. Everyone wants Allah to speak to him Yawm al-Qiyamah.

Nor will Allah give them the tazkiyah (purification). He will not purify them from the dhunub (sins) and the ma'asi (disobedience). Nor will He look at them Yawm al-Qiyamah. And they will get a grievous punishment.

The first one is the shaykh (elder) who has made Zina. The elder man who has made Zina.

The second one is the king or the ruler who is a liar. He is a kadhdhab (liar), not just a kadhib (one who lies), but he is a kadhdhab on the sigha al-mubalighah (emphatic form)-pathological chronic liar, kadhdhab.

And the third one is a person who is a'il (poor). He is poor and he is mustakbir (arrogant), and he is arrogant. He is poor and he is arrogant.

These three people are falling into a major sin because the way that they are would suggest they are the last people who should be falling into these crimes.

Why the Elder Who Commits Zina Is Condemned

Why does Allah subhanahu wa ta'ala not speak to or look at or purify the shaykh who is a zani? It is because he more than anyone should have the ability to control himself. He is a shaykh, he is an older man.

He told the young people صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ :

(Sahih al-Bukhari, Sahih Muslim)

"O you young men, whoever has the ability to get married, then let him marry."

He addressed the young men because they are the ones who have the biggest fitna of the shahwa (desire) in the summertime. They are not married. They are young. They have the quwwa (strength) of the shabab (youth).

"O you young men, whoever has the ability to get married—you can pay, and physically you can take care of being married to a woman—then hurry up and do so. And whichever one from amongst you can't get married, you don't have the ability, then fast, then fast."

Why did he mention the shabab as opposed to saying:

يَا مَعْشَرَ الرِّجَالِ

"O you men"?

Because usually it's the young man who has this problem. Whereas the older man, he should have the ability to control himself a bit more.

The man came to the Prophet (صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ - ṣallá Allāhu ʿalayhi wa sallam), an older man and he said:

(يَا رَسُولَ اللهِ ، هَلْ يُقَبِّلُ الرَّجُلُ امْرَأَتَهُ وَهُوَ صَائِمٌ؟ قَالَ: نَعَمْ)

"O Rasulullah, can I kiss my wife while I'm fasting, and can I hug her, be affectionate to her?" He said, "Yes."

A young man came and asked the same question:

(يَا رَسُولَ اللَّهِ، هَلْ يُقَبِّلُ الرَّجُلُ امْرَأَتَهُ وَهُوَ صَائِمٌ؟)

Once he saw that answer, he thought he was going to say yes. He said no.

The people started looking at each other, as if to say, this seems to be a contradiction. Why would he say yes to him, no to them? Rasulullah told him (صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ - ṣallá Allāhu ʿalayhi wa sallam):

(إِنَّ الشَّيْخَ يَمْلِكُ نَفْسَهُ)

"The elder man has the ability to control himself."

So Aisha radiyallahu ta'ala anha, when she used to be asked, "What is permissible for a man to do with his wife while he's fasting?" She would say:

(كُلُّ شَيْءٍ إِلَّا الْجِمَاعَ، وَإِلَّا أَن يَكُونَ شَابًّا)

"He can do anything with his wife, except have intercourse, and except if he's a young man."

Except if he's a young man, out of fear that the young man is going to fall into that which is going to render his fast null and void.

So the shaykh, he should have the ability to control himself.

(Sunan al-Tirmidhi)

"Allah will not give an excuse—He will not accept the excuse from a man who has reached 60 years old."

The fact that he doesn't pray. The fact that he falls into Zina. The fact that he drinks khamr. Allah won't accept from him his excuse, because he's old enough and mature enough that he should be more disciplined than that.

As for the young man, Allah Ta'ala loves the udhr (excuse). He loves to give people excuses. He knows best who He created and how He created them. So the shaykh al-zani falls into a kabira, and that's the shahid (evidence) from this hadith.

The Lying Ruler

As for the king or the ruler who was a liar, why is he lying? He's the king. Why is he lying? Lying is a sign of weakness. People lie because they are afraid of getting in trouble with other people. Who is the king afraid of? He has the law in his hand and the power in his hand.

So if he's lying, it is an indication that he must be doing other things in order to be a pathological liar. And there has to be other dhunub (sins) and ma'asi that he's doing, like al-khiyanah (treachery) to the people, stealing from the people, and other

The Arrogant Poor Person

And lastly, the one who has committed the kabira is the person who is poor, but he's arrogant. He's poor and he's arrogant.

I heard something that was amazing, that comes from our culture. The boy marries a girl from a family, and there are problems between them. The family of the boy doesn't want the family of the girl to come and to be a part of their family.

"We don't want this marriage, no matter what. Why? Because that family is a family of shoemakers. The father, the grandfather, the great grandfather, they were shoemakers. Or they were butchers. Or they were herdsmen. And our family, we are landowners. We are the landlords. Or we are the ones who were the umara (leaders)."

So every opportunity that this family gets to make that other family upset, they take advantage of it. The family is present, visiting, having dinner. Normally if someone calls, the mother will say, "As-salamu alaykum. No, my husband is not here. No, Abu Tariq is not here. No, Mustafa is not here."

But because the other family is here, she says, "No, no, no. Chowdhury Saab is not present. He's not here," to make them feel that they're down. And she herself is renting. She's not a landowner. She's paying rent. She herself is poor. But she says that in order to make other people down and to put herself up.

So from the people who are falling into the kaba'ir is the a'il mustakbir (arrogant poor person). You're a poor person and you're mutakabbir (arrogant) because of what your father did or your grandfather did.

So those three are from the kaba'ir, and Imam al-Dhahabi brought them in order to show the impermissibility of Zina as it relates to the shaykh and whether it's the shaykh or other than the shaykh. It's just worse in the case of the shaykh.

Second Hadith: The Sanctity of the Mujahideen's Women

The second hadith is a serious hadith, Ikhwani. And that is, he said that the hurma (sanctity) of the women of the mujahideen -the sacredness and the sanctity of the women of the mujahideen, his wives, his daughters, his aunts, his mothers.

When he goes out for jihad and he leaves one of us responsible for his family, Rasulullah (صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ - ṣallá Allāhu ʿalayhi wa sallam) said that the hurma of his women are like the hurma of the mothers of the people who are taking care of those women.

So just as a man respects his mother and the position of his mother, he has to respect the sanctity of the women of the mujahideen. Because any man who has khiyanah (betrayal) with the women of the mujahideen, Yawm al-Qiyamah, that man will be made to stand and that mujahid will be given the ability to take from his deeds as much as he wants.

Rasulullah (صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ - ṣallá Allāhu ʿalayhi wa sallam) said:

(فَمَا ظَنُّكُمْ بِذَلِكَ؟)

"After he told them about that hadith, he said, 'So what's your opinion about that? What do you think about that?'"

The person who's going to stand there, the mujahid is able to extract from him all of his good deeds.

So one of the worst forms of Zina is to make Zina with the wife or the daughter or the relative of the mujahid who you were put responsible for. One of the worst forms of Zina is anyone who has a position in this deen—the scholar, his daughter; the ameer of the jamaat, his daughter; anyone who has a position—it is from the serious darajat (levels) of Zina.

Third Hadith: Four People Allah Is Angry With

He said that there are four people, (صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ - ṣallá Allāhu ʿalayhi wa sallam) that Allah is angry with them.

The first one is the businessman who's always swearing unnecessarily: "Wallahi is this, wallahi is that." Allah is angry with him.

And then he mentioned the next three people who were already mentioned: The poor person who is arrogant, and the sheikh who makes Zina, and the imam who is oppressive, al-ja'ir.

The Worst Forms of Zina

And his oppression here is explained from the other hadith—he is a liar. Al-Imam al-Dhahabi, he said, there are a number of hadith from this chapter, and from the worst forms of Zina, the greatest forms of Zina, the single greatest form of Zina is for a man to make Zina with his mother, or his sister, or the wife of his father, or anyone from his mahram (forbidden relatives). Those relatives who he is connected to the mahram.

The mahram is different from the muhram. The muhram is the one who puts on the ihram and he's going to make Hajj and Umrah, with the dhamma (u-sound). The mahram has the fatha (a-sound).

So his mahram, those women he is connected to, he's responsible for them, they are his relatives. That is the worst form of Zina, and he said there are a number of hadith in this chapter.

Weak Hadith About Killing for This Sin

The first one he brings, and he said, the responsibility of saying this hadith is authentic lies with al-Imam al-Hakim, Abu Abdullah al-Hakim and his Mustadrak.

The hadith says: Whoever has relations with one of his mahrams, then kill him.

This hadith is not authentic. And that's why al-Imam al-Dhahabi, he says, the responsibility of saying it's authentic is on the shoulders of al-Imam al-Hakim, rahimahullah ta'ala, who was from the mutasahiliin (lenient ones) in the hadith.

So that hadith is munkar (rejected), according to al-Imam al-Bukhari and Abu Hatim al-Razi, rahimahullah ta'ala.

Hadith of Al-Bara' About Marrying the Father's Wife

(Sunan al-Tirmidhi)

But in the chapter, in the bab (section) of having sex and Zina with the mahram, is the authentic hadith in al-Tirmidhi. And this is the last hadith of the chapter.

(وَفِي الْبَابِ حَدِيثُ الْبَرَاءِ رَضِيَ اللهُ عَنْهُ أَنَّ خَالَهُ بَعَثَهُ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِلَى الرَّجُلِ أَعْرَسَ بِامْرَأَةِ أَبِيهِ أَنْ يَقْتُلَهُ وَيُخَمِّسَ مَالَهُ)

Al-Bara'a and he's Al-Bara'a ibn Azim, the companion of Rasulullah (صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ - ṣallá Allāhu ʿalayhi wa sallam). He saw his uncle one day, his mother's brother, walking with his sword, and he had a flag, a black flag, the flag of the jihad. And he was walking by himself.

When Al-Bara'a saw him, he asked him, "Where are you going?" He told him:

(بَعَثَنِي رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِلَىٰ رَجُلٍ أَعْرَسَ بِامْرَأَةِ أَبِيهِ)

"Rasulullah has sent me to go to deal with a man who married his father's wife."

That was one of the despicable practices of the Arabs in the times of al-Jahiliyyah.

Al-Imam Ibn Abdul Bar, the scholar of the Maliki Madhhab, who explained the Muwatta of Imam Malik—52 volumes—any Maliki owes some du'a and some favor to al-Imam Ibn Abdul Bar. He wrote a book about the history and the biography of all of the companions, in his book called Usud al-Ghaba, Fi Ta'rif al-Sahaba.

He said concerning this issue: I have yet to come across the name of a companion who in Jahiliyyah married his father's wife, with the exception of this particular person, and we don't even know his name. But it was from the despicable practices of the Arabs.

(Quran 4:22)

"Do not marry those women who your fathers married, except what has already passed. Indeed, that is fahisha (immorality) and maqt (detestable), and an evil way."

Ikhwani, concerning what the Arabs used to do, a man would never marry his own mother. So don't misunderstand that ayah. The Arabs had enough sense in Jahiliyyah for the man not to marry his own mother, but he would marry his stepmother.

If his father died, he felt it was an honor to marry his stepmother, to take care of the stepmother. It was part of the ghirah (protective jealousy) of the Arab, that the man wouldn't want another man to come and marry his father's woman. So he would marry them. And they looked at that as being okay.

It was from the decrepit understanding of the mentality of al-Jahiliyyah. So they would marry the stepmother, and Islam made it impermissible, except for the man who was married to his mother already, and this ayah was revealed—it was allowed for him to keep that mother.

"Don't marry what your fathers married, except what has already passed."

Important Points About Marriage and Mahram

Whenever a man marries a woman—and this is an important point, not because we need to know it because someone has fallen into it, but from just knowledge of our deen—if a man marries a woman, by simply marrying her on paper, in front of the people, whether he consummates or not, his father, his sons become haram for that lady.

So your wives are haram for your fathers, if you come from the loins of your father. And when you marry your wife, your wife's mother is haram for you, whether you consummate or not.

A man can marry a woman, divorce her and marry her sister. A man can marry a woman, divorce her and marry her daughter, if he didn't consummate with the mother. He can marry a woman, divorce her, marry her paternal aunt, maternal aunt. That's permissible.

But under no circumstances is it permissible or is it allowed for him to marry his wife's mother, no matter what, whether he consummate or he didn't consummate. No matter what, he cannot marry his father's wife, his father's wife who is his stepdaughter.

(Quran 4:23)

"Prohibited to you [for marriage] are your mothers, your daughters, your sisters..."

(وَأُمَّهَاتُ نِسَائِكُمْ)

"And the mothers of your wives..."

(وَحَلَائِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلَابِكُمْ)

"And the wives of your sons who are from your [own] loins."

You cannot marry your mothers, sisters, anyone—not to mention other people. And you cannot marry the mothers of your wives. And you cannot marry the wives of your sons who are from your loins.

So that's our religion and that's the chapter.

Conclusion

The next chapter is the chapter of the oppressive Imam. And it is the longest chapter of the Kitab al-Kaba'ir. It is the longest chapter. This chapter and then the chapter of making Khuruj (rebellion) against the Imam.

So when Imam al-Dhahabi in this chapter is giving practical advice and he's making Inkar (condemnation), and he's giving Nasihah (sincere advice) to the leaders of the Muslims in a practical way—not by getting on the minbar, not by making Khuruj against them, but by bringing to their attention some ayat of the Quran—so he was a Nasihah to the ummah, to the regular people and to the leaders as well.

Because it's a long chapter, insha'Allah, we're going to leave this chapter to deal with it by itself next week, insha'Allah. So we're going to stop here after completing the chapter of Zina. And Zina is the Kabira from the Kaba'ir.

Questions and Answers

Can a Man Marry His Brother's Ex-Wife?

Your brother's wife. It's permissible for a person to marry his brother's wife. If his brother divorces her, it's permissible. There's nothing in the religion to make it haram. And it is a practice of the Muslims today. The brother dies, his brother takes the responsibility of marrying his brother's ex-wife and taking care of the children.

That is permissible. Even if the brother doesn't die, and the wife is still walking on the face, the brother's walking on the face of the earth, he can marry his brother's ex-wife. It's permissible.

Types of Mahram

Any more questions concerning today's dars? Concerning the maharam that we cannot marry, or the maharam—we're going to start to have a family class, insha'Allah, on Sunday. We're going to deal with, at one point, those people who we can't marry from our relatives and from those people who are not our relatives. And there are two types of mahram.

There are two types of mahrams. The first mahram is the lady who is haram for you forever. She is haram to you forever because of the lineage that you share. Your mother, your daughter, your sister, your aunts. They will be haram for you forever. Your grandmother, your granddaughters.

And then there's the mahram who is temporary. My wife's mother, I'm a mahram to her because I can't marry her. I can travel with her to Hajj, I can travel with her to Umrah, I can travel with her to her country, temporarily.

Do These Three People Not Come Out of Hellfire?

Good question, brother. The brother asked a question concerning the first hadith that Allah subhanahu wa ta'ala will not give the tazkiyyah, and He will not purify those three people who were mentioned. The sheikh who's zani, the malik kadhdhab (lying king), and the poor person who's arrogant.

Does that mean that they won't come out of the Hellfire? No, it doesn't mean that. This is a hadith of al-wa'id (threat), where the person is being threatened by Allah 'azza wa jalla or Rasulullah ﷺ with a particular punishment.

And all of the hadith and the ayat of al-wa'id means that the person who falls under that description is under the mashi'ah (will) of Allah. If Allah wants, Allah will forgive him. And if Allah wants, Allah will punish him. That is totally, strictly with Allah subhanahu wa ta'ala.

The one who was a zani, and he makes Zina with his mahram, Allah subhanahu wa ta'ala may not put him in the Hellfire at all. He may not put him in the Hellfire at all.

In sha Allah, I think we're going to do a khutbah this Friday here at Green Lane concerning this particular issue, the hadith of al-wa'id.

So it's up to Allah to forgive anyone who falls into the kabira from the kaba'ir. He puts him in the Hellfire if He wants, in order to purify him, or He puts him into Jannah. The Jannah and His maghfirah (forgiveness) and His rahmah (mercy) are from His kaza'in (treasures), they're from His treasures.

Reference: Quran 21:23

"He does whatever He wants with them, and they're not for anyone."

Marrying Women from Ahl al-Kitab

As for the permissibility of marrying the women of Ahl al-Kitab, as we mentioned, Ikhwan, a number of times, it is not permissible open-ended like that. Just go marry Ahl al-Kitab. Some Ahl al-Kitab you can't marry. The Ahl al-Kitab woman who is a zaniya right now, practitioner of it, you can't marry. It's haram.

Nor can you marry a woman from Ahl al-Kitab who you have some doubt about her. You have to stay away from putting yourself in what you have doubt about.

But if she does not fit those descriptions, it's permissible to marry her. As for whether or not it's better or it's not better, obviously it's always better to marry a believing woman. But there are some women from Ahl al-Kitab who are decent women, and they make for good wives.

But in general, look for the lady from Al-Islam. Marry the one for her religion, and you'll be successful. And where is that lady with the religion from Ahl al-Kitab? She doesn't have any deen. But some of them have some good akhlaq (character). So it's going to be relative. For some people, it'll be a good idea. For other people, it won't be a good idea.

Umar رَضِيَ اللَّهُ عَنْهُ used to make inkar on some of the companions like Abu Musa al-Ash'ari, who married the lady from Ahl al-Kitab and he ordered him, "Divorce her. You're a person the Muslims are looking at."

Abu Musa al-Ash'ari being strong and being from the ulama, said, "Are you making it haram?" He said, "I don't make it haram. But we don't want the regular Muslims to look at you. You're an example. And plus, look at all of the Muslim women who need to be married and who should be married."

So the Muslim has to look at all of those issues. And to me, it's similar to the hijrah (فِي سَبِيلِ اللَّهِ) (in the path of Allah). It's similar to the hijrah فِي سَبِيلِ اللهِ. It's better to make hijrah to a place where you can go and save your deen. But where is that place? It's up to you to find that place. Not everyone can find that place.

Similarly, with the woman from Ahl al-Kitab. Generally, it's better to marry the Muslim woman who is the one who's going to help you on your deen. But it's possible that you may find a woman from Ahl al-Kitab who gives the man more assistance in practicing his deen than even the Muslim girl, unfortunately.

The Ayah About Zani and Zaniya

Anymore questions, Ikhwani? Concerning today's dars. Concerning the ayah that we mentioned last week that al-Imam al-Dhahabi brought in his book showing the kabira of Zina. And he said that the woman who makes Zina, who's a Muslimah, she's a zaniya right now. She doesn't marry anyone except a man who makes Zina or mushrik.

And the man who makes Zina does not marry anyone except a lady who makes Zina or mushrikah. We explained that this ayah doesn't make it haram for a person who committed Zina in Islam. And then he made tawbah for marrying a woman who's a virgin.

Or a woman who committed Zina for marrying a man who is a virgin. The ayah is giving a description that the lady who was practicing Zina, she's a Muslim doing Zina right now. She's not going to marry anyone except another Muslim who commits Zina or mushrik.

Because the Muslim who commits Zina and the mushrik, they look at Zina as being small. So she's going to marry someone like that.

الطُّيُورُ تَقَعُ عَلَى أَشْكَالِهَا

Birds of a feather flock together.

الْمَرْءُ عَلَى دِينِ خَلِيلِهِ

The person's on the religion of his friend.

So they're going to do that. But it's permissible for them to get married if they made tawbah. Allah ta'ala in this ayah said that they can marry a mushrik.

No, you can't marry a mushrik. You can't marry a non-believing woman or a non-believing man.

Reference: Quran 60:10

"You men, do not marry, do not hold on to the ties of marriage to mushrik women. You're Muslim now? Divorce those women. Divorce them immediately."

So the ayah is not talking about that.

Reference: Quran 2:221

"And do not marry polytheistic women until they believe. And a believing slave woman is better than a polytheist, even though she might please you. And do not marry polytheistic men [to your women] until they believe. And a believing slave is better than a polytheist, even though he might please you. Those invite [you] to the Fire, but Allah invites to Paradise and to forgiveness, by His permission."

So that tells us you can't marry a mushrik, man or woman.

Does a Muslim Woman Marrying a Non-Muslim Leave Islam?

Is it permissible for a Muslim man to marry a woman from a different book? It's permissible for the Muslim man to marry the woman from Ahl al-Kitab—Yahudi (Jewish) or Nasrani (Christian).

What if a Muslim man marries a woman from a different book? Does it get out of the fold of Islam? The Muslim lady marries a non-Muslim man, a mushrik, a Sikh, or a man who's a Jew or Christian. That does not put him outside of the religion, nor does it put her outside of the deen. Unless they say that that is permissible.

If a person makes istihlal (considers lawful what is unlawful) or he makes istibdal (substitution), he changes this for that, then he becomes a kafir after the argument has been established upon him. He's not a kafir for that particular crime.

Marriage at the Registrar Only

Last question. Again, Ikhwani, if you get married here in the masjid, you don't have to go down to the register in order for that marriage to be recognized in Islam. If you get married here, that is the marriage in the sight of Allah, in this deen. If you go and you get married there, without getting married here, you are committing Zina.

To go and get married down there and it's just on the paper, but you don't consummate, you don't live together, that's permissible. You're going to get married at the register, on paper. You're trying to make this daughter-in-law of your wife. You want to bring your wife here. There's some political reason. Under the law, within the confines of the law, you're following the law to help yourself, your dunya. You can do that. As long as you don't consummate, as long as you continue to treat her as a woman who's haram for you.

But the marriage that makes you halal for your wife and your wife halal for you is the marriage in front of the Muslims. Shahid (witnesses). In front of the family, the wali leads their home and doesn't want to know the doctorate.

When the Wali Refuses to Cooperate

And when you approach the person, the wali, you say, "I don't want to know." In that case, what is the role of the mother? Or if they're in a relationship? As it relates to the mother, Ikhwani, the Prophet says ﷺ:

لَا تُنْكِحُ الْمَرْأَةُ الْمَرْأَةَ

"No woman should marry another woman."

Your aunt, no matter how strong her personality is, your mother, no matter how strong she is, does not have the right to marry any girl to another man.

We can take her position, we can respect her even in her kalima (word), that's how it is in your culture, in your family. We have to run it by auntie Sumaya, auntie Sophia. If she says no, no. If she says yes, yes. But the marriage itself is not with her being the waliya of the woman. She doesn't have that right.

It is the wilaya (guardianship) of the man. So what happens if the father, the uncle, the brother is on the scene, but he doesn't want to help the girl to get married? He told us ﷺ:

لَا نِكَاحَ إِلَّا بِوَلِيٍّ، وَإِنِ اسْتَجَرَ الْوَلِيُّ فَالسُّلْطَانُ وَلِيُّ مَنْ لَا وَلِيَّ لَهَا

"The marriage cannot happen without a wali. And if the wali and the girl are fighting, they're disagreeing—you can't marry him because he's not from our tribe, or the wali says no, I don't want anything to do with it—if they're fighting and not agreeing, then the sultan becomes the wali of the girl who doesn't have a wali."

She comes into the religion, the imam, the administration of the masjid, they assign and designate someone to be the wali of the girl.

So that's what happens. Under no circumstances should the woman marry herself or another woman marries that particular lady or to another man.

As it relates to the wilayah, who's the wali? The father is the wali. The brother is the wali. The son of the lady is the wali. Those three are the closest. And obviously the grandfather from the father. And then after those three, the uncles from the father's side. The uncles from the mother's side.

So you have to have the wali who is close before you do the wali that is far away. The wali, the father, the brother, her son has more right than the cousin. She can't go to her cousin because her and her cousin are on the same ideology.

Both of them, Ahl al-Hadith, Salafi, both of them on the same ideology. Father is something else against the religion. He still has the right to be the wali of his daughter.

You can't go to your cousin like that. You have to convince your father, ask your father, give it to the cousin. If you get married like that and the father is not in agreement with it and you did it, that's Zina.

Because there's no wilayah jumping from him to him except through a process. All of us sitting here, we're related. Everyone here is related. Because we all go back to Adam. Everyone here is related. So, everyone can be the wali of a next woman.

He's closer to the wilayah of his cousin than I am. But somewhere down the line, I'm related to her. Can I step in and just be the wali? Can you be the wali for my daughter? I'm the wali for you and your daughter? No.

You have to go according to the system. And then if the father doesn't want to cooperate and agree, then after making many efforts, that wilayah is taken from him because he's fighting with the girl.

And just as the father doesn't have a right to say to the son or the daughter, eat 10 chapatis, eat 20 chapatis. That's not his right, that's not her right. He doesn't have the right to say, you must marry fulan or fulana. That's not the right of the father.

That's not the right of the mother. So, the mother and the father should not say, Ikhwani, to the daughter or the son or the grandmother should not write in her will, to the father: If you don't marry your two daughters to your sister's sons, back in our country, then I'm mad at you in front of Allah, Yawm al-Qiyamah.

That anger doesn't mean anything in the law.

Women on Menses Coming to the Masjid

Is it permissible for a woman who was on her menses to come to the mosque for lectures? Is it permissible for a woman who was on her menses to come to the masjid for lectures?

As we mentioned before, Ikhwani, we know in all of the madhahib, they are against, every madhab is against the woman coming to the masjid on her menses. And this is an example of where the madhabs got it wrong. All four of them got it wrong.

Because their proofs of the Quran and the Sunnah show that she can come to the masjid on her menses. The first proof of that is that there's no dalil in the dunya to stop her from coming to the masjid on her menses.

So if someone is going to say that it's haram, they have to bring the dalil. So what kind of dalil do they have? They have a dalil that is sahih, but it's ghayru sarih (not explicit). Or a dalil that is sarih, but it's ghayru sahih (not authentic).

They have a proof that is authentic, but it's not proving the point.

لَا يَمَسُّهُ إِلَّا الْمُطَهَّرُونَ

This is not a dalil, it's talking about the Quran. Reading the Quran and coming to the masjid, that's from the malaika (angels).

So the dalil is authentic, but it's not proving the point. Or it's not authentic and it's proving the point. And if it's not authentic, we do away with it.

So it's permissible because of the concept of الْبَرَاءَةُ الْأَصْلِيَّةُ (original permissibility). Everything in the dunya is halal until the dalil is brought to show that you can't do it. Everything in the dunya is halal until you have some dalil to show you that you cannot do it.

And this is what we mentioned before: Who knows what that is? I'm going to just pick you insha'Allah. I'm just going to pick you. I'm just going to pick someone, insha'Allah. No, it's something that was always there and will always continue to be there.

Women having their menses was there during the time of Rasulullah ﷺ. It was always there. If this was haram for her to come to the masjid, there would be one hadith saying this. Because someone would have had the intent of coming to listen to him.

They would have had the intent of wanting to go get the khair (good) from the masjid and the dhikr in the masjid. And he would have told them, "No, this is not permissible." There's not a hadith in the dunya.

As a matter of fact, there are hadith that show it's permissible. Aisha رَضِيَ اللهُ عَنْهَا in the month of Ramadan, Rasulullah ﷺ was in i'tikaf. And he wanted her to give him a comb.

He said, "Give me the comb, bring me the comb." She said, "Ya Rasulullah, my menses." He said, "Is your menses in your hands? Bring me the comb. You can come to the masjid."

Aisha رَضِيَ اللَّهُ عَنْهَا was making Hajj. Her menses came. She was crying. Rasulullah said, "What are you crying for?" She said, "I came out my menses. My menses is here. Meaning I have to stop doing the ahkam of the Hajj. I can't pray. I have all of these problems."

He told her: ﷺ

إِنَّ هَذَا سُنَّةُ اللَّهِ فِي بَنَاتِ آدَمَ

"That is the sunnah of Allah in all of the daughters of Adam."

اصْنَعِي كُلَّ مَا يَفْعَلُ الْحَاجُّ إِلَّا أَنْ تَطُوفِي بِالْبَيْتِ

"Do everything that the pilgrim does, except don't make tawaf."

He said, in another hadith:

إِنَّمَا الطَّوَافُ صَلَاةٌ، فَأَجَازَ اللَّهُ لَكُمْ فِيهِ الْكَلَامَ، فَمَنْ تَكَلَّمَ فَلَا يَتَكَلَّمْ إِلَّا بِخَيْرٍ

"Verily the tawaf is salah. But Allah allowed you to speak in that salah. So anyone who speaks, let him only speak good."

If you lose your wudu, make a tawaf, you have to go get wudu again, because it is salah. So he told Aisha, do everything that the pilgrim does, except don't make tawaf.

The pilgrim goes to sa'i, Safa and Marwa. The pilgrim sits in the masjid, and he reads the Quran, or she reads the Quran. The pilgrim gets sadaqa. The pilgrim lays down and goes to sleep in the masjid. Do whatever they do except, don't make salah. That's the ibadah that she can't do.

But Ikhwani, if she has a menses, she just has to be careful that the blood of the menses does not get in the masjid, because that blood is najasah (impure).

Should She Sit While Others Pray?

The last question, is it okay for her to sit in the corner while other people pray? If the masjid is a masjid of women who have some fiqh in the deen, and some fahm (understanding) in the deen, then it is permissible. When the other women look at her, they're going to know what's going on, then it's permissible.

If they don't, she's in a masjid, where the people are opposed to this. They're adamant that this is haram. Then it's better for her to come to the masjid when the people have finished praying, and to leave the masjid before the people begin the prayer, so that she's not a fitna for the believing women.

So to sit by herself will be a trial for those who don't know. People who don't know, they see the ma'ruf as being munkar, and they see the munkar as being ma'ruf. So she has to take that into consideration.

Is a Child Born from Zina Guilty?

Is a child born from adultery or Zina guilty? Is equal to other children in front of Allah? While we discriminate those children, the parents are guilty, is not it?

I think what it is saying is, if the child is an ibn Zina, is he guilty of his parents' Zina? He's not guilty of his parents' Zina.

Reference: Quran 6:164

"No one will be held accountable for the sins of his parents. No one will be caused to carry the burden of what someone else did."

Using the Word "Liwaq" for Homosexuality

You use the word al-liwaq to describe homosexuality. The scholar said that this was impermissible as it is connecting this horrible crime and act to the name of one of Allah's prophets and messengers, Lut.

And I say to you as well:

We like these kinds of questions. Shows that someone is in the audience listening saying I have some background information, let me give advice. This is the religion, I have to have ghira. Let me advise the people so that they can know their deen.

So we thank you for this kind of question, but we don't agree with this question. We don't agree with that position because when you read the Quran, Ikhwani, every time Allah mentions the people of Lut and what they did, He always says:

"They did the actions of the people of Lut. The people did the actions of the people of Lut."

He never called it liwaq. Homosexuality connecting it to the Nabi Lut. He'll call it fahisha or the action of the people of Lut.

So the scholars said it's disliked to call it liwaq because you're connecting it to the companion's name. But there is an authentic hadith. Prophet ﷺ was asked about the man who has relationships with his wife in the wrong place, in her backdoor.

تِلْكَ النُّوطِيَّةُ الصُّغْرَى

"He said that is the minor form of homosexuality." And he called it al-lutiyah. And he used Lut's name. A form of Lut's name.

But anyway, that is an opinion of some of the scholars in Al-Islam.

Is Masturbation Considered Zina?

Here we have a question:

هَلْ يُعْتَبَرُ الاسْتِمْنَاءُ مِنَ الزِّنَا أَوْ مِنْ أَنْوَاعِ الزِّنَا، وَإِنْ كَانَ كَذَلِكَ فَهَلْ هُوَ كَبِيرَةٌ مِنَ الْكَبَائِرِ؟ مَا مَعْنَى قَوْلِ الْعُلَمَاءِ: هَذِهِ الْآيَةُ خَرَجَتْ مَخْرَجَ الْغَالِبِ؟

"Is masturbation considered Zina or a type of Zina, and if it is like that, is it a kabira from the kaba'ir? What is the meaning of the statement of the ulama: This ayah خَرَجَتْ مَخْرَجَ الْغَالِبِ ?"

As it relates to masturbation, Ikhwani, masturbation is Zina for the man or the woman. Masturbation is Zina for the man or the woman. But I'm not going to say it's a kabirah from the kaba'ir, because we already mentioned how we know something is a kabirah from the kaba'ir.

The scholars call masturbation:

الاسْتِمْنَاءُ الطَّلَّالُ

And they also call it:

نَاكِحُ الْيَدِ

"The one who marries his hand." That's what the ulama of Islam call it. "The one who marries his hand," man or woman.

And it is Zina. And Allah subhanahu wa ta'ala told us in the Quran:

Reference: Quran 23:5-7

"And those who guard their private parts, except from their wives or what their right hands possess from their concubines. These ones, they're not blameworthy. It's permissible for them to do that with each other. But anything other than that, they are the 'adoon (transgressors). They went overboard."

Reference: Quran 2:190

"Allah doesn't love those people who go overboard."

What Does "خَرَجَتْ مَخْرَجَ الْغَالِبِ" Mean?

He also said, what is the meaning of the statement of the scholars? This ayah خَرَجَتْ مَخْرَجَ الْغَالِبِ. I don't even know how to translate it.

But let me just say, certain ayahs Allah mentioned in the Quran ﷺ. They're mentioned and a particular characteristic is given to that ayah. And it is not only that characteristic that is intended, but that characteristic was mentioned because that's what happens most of the time.

For an example, and there are too many examples. Allah Ta'ala said:

Reference: Quran 24:33

"Don't force your slave girls to do prostitution if they want to be chaste."

So the believing girl wants to be chaste. So don't force her to make prostitution. Okay, what about the one who doesn't want to be chaste? Can you force her? No. That statement, "if they want to be chaste," that's what's usually the case.

Reference: Quran 3:130

"Don't eat riba (usury) multiple times over."

So the person says, "Allah said, don't eat riba. So I'm going to build my house with riba, I'm not eating it. I'm going to wear riba, I'm not eating it. I'm going to buy a car with riba, I'm not eating it." No, it was mentioned "don't eat it" because that's what's usually happening. The people are using their money to eat.

Reference: Quran 4:23

"And haram for you to marry are your step-daughters, your wives' daughters, who are in your homes, who are living with you in your home, if you have relations with their mother."

So can someone now come and say like Ibn Hazm said, "If the step-daughter is not living in the home, she has her own place, now you can marry her, even though you consummated with her mother?" No. Usually the step-daughter will be living in the home with the step-dad.

This person said here, can you use as a dalil the fact that the Prophet ﷺ told the man to stay with his wife, who would never refuse the hand that wanted to have relations with her? Is this hadith authentic? And can it be used to prove you can marry a woman who commits Zina?

The Hadith About the Woman Who Accepts All Advances

Reference: Sahih Muslim

This is an authentic hadith, and it's one of the hadith that has an ishkal (problem), has a big problem on the mind.

The man came and he said to Rasulullah ﷺ:

إِنِّي تَزَوَّجْتُ امْرَأَةً، قَالَ: نَعَمْ. قَالَ: إِنَّهَا لَا تَرُدُّ يَدَ لَامِسٍ. قَالَ: طَلَّقْهَا. قَالَ: إِنِّي أُحِبُّهَا. قَالَ: فَأَمْسِكْهَا

"Ya Rasulullah, I married a woman." He said, "Yes." He said, "She never refuses any hand. Every hand that goes out to her, she accommodates that hand." Rasulullah said, "Then divorce her." He said, "But I'm afraid that my nafs will go after her. I love her so much." He said, "Then keep her and enjoy her."

That's an authentic hadith. Authentic hadith. The scholars of Islam have different interpretations of this hadith.

Some of them like al-Imam al-Shawqani, who was strong on the Sunnah after being a Shiite from the Zaidiyya. And then he got sick and tired of being a slave to the opinions of people that what they're saying doesn't make sense. So he used his mind and he became a scholar, a mujtahid, on the Kitab and the Sunnah.

The scholar said that this hadith means she used to commit Zina. Anyone who wanted to have relations with her, she would do it. It's one interpretation.

The second interpretation is, anytime someone comes to her husband's house, she would always give money, whatever she had. "Can you give us sadaqa?" She gives from the money, gives from the food. And that's weak.

Another interpretation is, if people wanted to physically touch her, she would allow it. So it was doubt, a question mark about her sincerity to the husband. And that seems to be weak as well.

The strongest one seems, what comes to our mind is, the normal person, what comes to your mind is, seems like it's Zina. But Ikhwan, we cannot say that. We can't even believe that. We're forced to take a position of the other two. We're forced. Why?

Because if we said it meant Zina, how could Rasulullah ﷺ say to a man, "Then stay married to a woman committing Zina"?

If the man came and said, "Ya Rasulullah, my wife has committed Zina," he has to make the mula'anah (mutual cursing). He has to make the mula'anah. Four times "Wallahi she committed Zina," the fifth time "the curse of Allah be upon me if I'm lying."

He has to. If he made that accusation, that's the qaf (accusation) from the husband. He doesn't have to bring proof. He makes the mula'anah. And they didn't do the mula'anah.

In addition to that, Ikhwani:

لَا يَدْخُلُ الْجَنَّةَ دَيُّوتُ

"The dayyuth (weak man who has no protective jealousy), won't enter into Jannah."

Rasulullah ﷺ would not allow a man to be a dayyuth. "Stay with her and let her do what she wants to do."

Most of us are going to be like Sa'd ibn Ubadah. When the man came and said he saw his wife committing Zina, he said, "Wallahi Ya Rasulullah, if I saw my wife doing that, wallahi I'm going to hit her with a sharp end of my sword, and the man. I'm going to deal with both of them."

That's how normal people will respond.

In addition to that, Ikhwani, we all have shared the hadith: Three people will make du'a to Allah and their du'a will not be accepted. One of those people is the man who has a wife who has bad akhlaq. Meaning, he has a question mark, she has a question mark over her head. Who she's seeing, who she's dealing with.

So we're forced to not embrace it as Zina. It has to be one of the other two, and Allah knows best.

Are Sexually Transmitted Diseases Transmitted by Animals?

Very quickly, Ikhwati fillah, this person said, is it true that some sexually transmitted diseases were transmitted by animals? I don't know, you have to ask some of the doctors here, Dr. Abbas, Dr. Amr, Dr. Shahid. You have to ask those. That's a medical question.

I read according to the Kuffar, that animals' sexual diseases can't be transformed from the animal to the human being. But allahu a'lam, they could be lying. They could be lying.

Plus we know the authentic hadith where he sought refuge in Allah from five things. And he said, "I hope these five things don't fall on you and you don't do them." And one of them he said ﷺ:

وَلَمْ يُظْهِرُوا الْفَاحِشَةَ إِلَّا أَنْزَلَ اللهُ تَعَالَى عَلَيْهِمْ دَاءً لَمْ يَكُنْ فِي أَسْلَافِهِمْ

"People never did al-fahisha (immorality) that wasn't present with the people who went before them, except when they do it, Allah gives them diseases that the other people didn't have."

So maybe some of those diseases come from them. You ask the medical people concerning that.

What About Short-Term Marriages?

What do you say about these short-term marriages in today's age? One or two weeks. Is this Zina? No, this is not Zina.

If a man marries a lady and the naseeb (compatibility) wasn't there, they were not compatible, and it lasted for a week or two weeks or a month, that's a tragedy. No doubt about it, they should have taken more time. But sometimes even that cannot be helped.

They did everything possible, but it just wasn't written for them. This is not Zina because it wasn't in niyyah (intention).

Even if a man, Ikhwani, felt he was going to fall into Zina, and he got married knowing he was going to get divorced. The majority of the scholars say that that is not muta', as long as he doesn't say, "I give you this much money and we'll stay together this amount of time."

That's not me encouraging you to do that. Just as we don't encourage people, as some of the scholars said, if you feel you're going to fall into Zina, do istimna, do masturbation.

Do what the Prophet said ﷺ: fast lower your eyes, make du'a.

We have a question here. MashaAllah, a lot of questions today. Some questions, I think they put them up.

What do you say about these short-term marriages? I say about the short-term marriages, Ikhwani, we have to take more time looking into and investigating who we're going to marry.

Chatting with Sisters Online for Marriage

How about the recent trend of brothers chatting with sisters on the internet with the intention of marriage? Is this Zina?

To chat on the internet is khalwa (being alone). If no one is supervising the sister, this is being alone with the sister. If her awliya or her wali knows about it, it's permissible for her to do it. It's permissible for her to talk to him on the phone if it is being supervised.

That is permissible. If it's not being supervised, it is Zina and it's not permissible as we mentioned. He prohibited us from talking to women without the permission of their wives, their husbands or their awliya.

Marriage Without Parents' Consent - Children Resulted

What should be done? A practicing brother married a practicing sister without consent from the sister's parents. They have been married for a few years and have children. Are they guilty of Zina?

If the girl did not have a wali, that is Zina. (لَا نِكَاحَ إِلَّا بِوَلِيٍّ - lā nikāḥa ʾillā bi-walī)

If they didn't have two witnesses, that is Zina. To marry the girl and to get a new wali instead of the father, I'm not going to call that Zina, but that is dhulm (oppression).

That is oppression. And you'll find, brothers and sisters, concerning the zunat (plural of zani), the man or the woman who commits Zina. You will find all of the evil being gathered in that person.

You will find the zani is a liar. The zani breaks his promise. The zani has no wara' (piety), no awareness. The zani has no haya' (modesty). The zani has no honor. The zani has no ghira (protective jealousy).

You'll find everything in the person who has Zina, who makes Zina. So if the man married the girl without the permission of the father, I'm not going to call that Zina if she got a wali, because sometimes the wilayah of the father would have been taken from the father anyway because he's a racist, he doesn't pray or whatever. But we have to go through the fathers.

Birth Control

What about the use for women of the pill or the condom, or birth control, put on the condom. This is permissible to use birth control as long as both parties agree and as long as the birth control does not compromise the health of either one of the parties. But it's against the spirit of Al-Islam to do it for no reason.

"Marry those women who are loving and prolific. I want to have the most followers Yawm al-Qiyamah."

Divorce

Dear brother, can you please explain talaq (divorce). As far as I know, we can't divorce our wife just saying you're divorced three times.

Can you explain talaq? You cannot divorce your wife by just saying, "You're divorced, you're divorced, you're divorced." That's wrong. And insha'Allah ta'ala sometime we're going to have to give a khutbah about the correct way of divorcing.

Allah mentions some ayahs of divorce, and then after mentioning some of the ahkam of the divorce, He said:

Reference: Quran 2:231

"Don't take the signs of Allah as just in play. Don't keep divorcing her 50, 60, 70 times. Don't divorce her the wrong way."

Hadith Reference: Sunan Ibn Majah

"Three things when you're serious about them, it's taken serious. When you're playing with them, it's taken serious. When you divorce someone, it's serious. The man says, I was just playing. It counts, even if your niyyah really was to play. And when you take her back, I was just playing. No, it really counts. She came back. And the third thing is when you free the slave. Once you say he's free, he's free."

As it relates to divorce, and we'll stop with this. The correct way of divorcing during the time of Rasulullah ﷺ if a man divorced his wife three times-"You're divorced, you're divorced, you're divorced"-Rasulullah ﷺ would count it as one.

During the khilafah of Abu Bakr رَضِيَ اللهُ عَنْهُ the man said to the woman, "You're divorced, you're divorced," Abu Bakr would count it as one.

During the time of Umar, the Muslims started to spread and other people came into Islam from the non-Arabs. And the women became many. So a man started to marry and divorce easily and play with the ayat of Allah.

So Umar رَضِيَ اللَّهُ عَنْهُ being the khalifah said, "Any man who divorces his wife in one sitting three times, I'm going to make it count." That was so that he can decrease the divorce rate. That's the fiqh of the khalifah Umar رَضِيَ اللهُ عَنْهُ

So the correct way of divorcing according to Shaykh al-Islam ibn Taymiyyah and he suffered for this, because the other ulama disagreed with him on this-is we should go back to the way of Rasulullah ﷺ just like the adhan of al-Jumu'ah.

During the time of Rasulullah ﷺ there was only one adhan. During the time of Abu Bakr, only one adhan. During the time of Umar, only one adhan. During the time of Uthman, he put one adhan in the marketplace because the Muslims were getting so many. And then the second adhan, which was really the first adhan, will be before when the imam came out on the minbar.

So we don't do the two adhans because the sunnah is one. We don't do three divorces like that and make it count as three because the sunnah is that should only count as one.

And this is an example of all of the madhahib believe three divorces in one sitting equals three. They're all in agreement on that, the madhahib. But not every imam in the madhhab agrees with this particular madhhab.

The Correct Way to Divorce

Anyway, the correct way of divorcing. The man is married to his wife. He divorces her after she becomes pure (from menses). He doesn't divorce her on a menses. She comes off her menses. And he doesn't have relations.

He says, "You're divorced." He waits for three menstrual cycles to come. If three cycles come and he doesn't take her back and he doesn't have relations with her, she can go and get married. He can keep her or let her go and get married.

If he has relationships or takes her back before the third cycle, then that's one divorce and they're married. Three years go by, "You're divorced" when she's clean and he didn't have relationships with her. She waits the same process. If three cycles come and he doesn't have relations, doesn't take her back, then he can take her or let her go. If he has relations, she's his wife.

So they're married. Twenty years. He says, "You're divorced." After that third divorce, she's haram for him. She has to go marry another man before she can marry him again and the other man has to consummate.

Lastly, also what is not correct in divorcing a girl is, "You're divorced. Wait for the first cycle. You're divorced. Wait for the third cycle. You're divorced." All of that is not from the religion of Islam. The correct way is what we mentioned.

Closing Du'a

I say this, and I ask Allah to forgive me and you.

وَصَلَّى اللهُ وَسَلَّمَ عَلَى نَبِيِّنَا مُحَمَّدٍ وَعَلَى آلِهِ وَصَحْبِهِ أَجْمَعِينَ

And may the peace and blessings of Allah be upon our Prophet Muhammad and upon his family and all his companions.

وَالسَّلَامُ عَلَيْكُمْ وَرَحْمَةُ اللَّهِ وَبَرَكَاتُهُ

And peace be upon you and the mercy of Allah and His blessings.