Page 230 - Tafsir of surat at tawba repentance
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( Nà2Íqàfãm Îû ÓÉL»©9$# ãNà6ç6Í´¯»t/uur )
“And your stepdaughters under your care,” 131
the mafhoom al-mukhaalafah is that stepdaughters not under your care may be
taken in marriage. However, this is not the case. The phrase “under your care”
only addresses the usual situation and not a condition of prohibition. This
interpretation, agreed upon between the four math-habs, is strengthened by the
fact that the verse mentions two qualifications for the step-daughters:
OçFù=yzy ÓÉL»©9$# ãNä3ͬ!$|¡ÎpS `ÏiB Nà2Íqàfãm Îû ÓÉL»©9$# ãNà6ç6Í´¯»t/uur )
( öNà6øn=tæ yy$oYã_ xsù ÆÎgÎ/ OçFù=yzy (#qçRqä3s? öN©9 bÎ*sù £`ÎgÎ/
“And your stepdaughters under your care (born) of your wives with
whom you have consummated marriage—but if you have not gone
into them, then there is no sin for you (to marry their daughters after
the death or divorce of the mothers)...” 132
It then goes on to explicitly state that if the second condition does not hold, the
prohibition doesn’t apply. It makes no mention of this exception when the first
condition is missing.
The other case of an incorrect mafhoom al-mukhaalafah is when the mantooq
is an explanation of a certain reality. For example, the verse,
¼çmç/$|¡Ïm $yJ¯RÎ*sù ¾ÏmÎ/ ¼çms9 z`»ydöç/ w tyz#uä $·g»s9Î) «!$# yìtB äíôt `tBur )
( ÇÊÊÐÈ tbrãÏÿ»s3ø9$# ßxÎ=øÿã w ¼çm¯RÎ) 4 ÿ¾ÏmÎn/u yZÏã
131
Soorah an-Nisaa’ (4):23.
132
Soorah an-Nisaa’ (4):23.
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