12种禁止结婚的女性
12 Women to whom Marriage is Prohibited
禁止与之结婚的女性,其根据在《古兰经》和圣训中有明确的记载。关于《古兰经》,安拉(SWT)说:“你们不要娶你们父亲所娶过的女人,但已往的不在此限。那确是一种丑恶、可憎和极坏的婚姻制度。”[《妇女章》:22] 安拉(SWT)又说:
The origin for the women with whom marriage is prohibited, has to be, and is clearly mentioned, in the Kitab and Sunnah. As for the Kitab, Allah (swt) says: “And marry not women from whom your fathers married, except what has already passed; indeed it was shameful and most hateful, and an evil way .” [An- Nisa: 22] And He (swt) said:
“禁止你们与下列女子结婚:你们的母亲、你们的女儿、你们的姊妹、你们父亲的姊妹、你们母亲的姊妹、你们兄弟的女儿、你们姊妹的女儿、哺育你们的乳母、与你们有吸乳关系的姊妹、你们妻子的母亲、你们在监护之下、由你们已经同房的妻子所生的继女——但如果你们未与她们同房,则无罪(可以娶她们的女儿);你们亲生儿子的妻子;以及同时娶两姊妹,但已经过去的不在此限。真主确是至赦的,确是至慈的。(禁止你们娶)已有夫之妇,但你们右手所拥有的(战俘和奴隶)除外。这是真主为你们规定的。除此之外,都是合法的。”[《妇女章》:23-24] 至于圣训,艾布·胡莱赖传述,安拉的使者ﷺ说:“不得将女子与其父亲的姊妹,或与其母亲的姊妹同时娶为妻。”穆斯林传述,阿伊莎(愿真主喜悦她)说,安拉的使者ﷺ说:“吸乳与血缘一样使女子成为不可通婚的对象。” 因此,与母亲结婚是绝对禁止的。“母亲”指凡与你有血缘关系、由生育而相连的所有女性。无论此人是真正意义上的“母亲”,即生你的人,还是比喻意义上的“母亲”,即生你之人的母亲,乃至更高的上代,都在此列。因此,你的祖母们——你母亲的母亲和你父亲的母亲;你父母双方的祖母;以及你祖母和祖父的祖母等更上的先辈,不论她们是否有权继承你的遗产,她们都是比喻意义上的“母亲”,与她们结婚是被禁止的。
“Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters, your foster mother who gave you suck, your foster milk suckling sisters, your wives' mothers, your step-daughters under your guardianship, born of your wives to whom you have gone in - but there is no sin on you if you have not gone in them (to marry their daughters), the wives of your sons who (spring) from your own loins, and two sisters in wedlock at the same time, except for what has already passed; verily, Allah is Oft-Forgiving, Most Merciful. Also (forbidden are) women already married, except those (captives and slaves) whom your right hand possesses. Thus has Allah ordained for you. All others are lawful”. [An- Nisa: 23-24] As for the Sunnah, Abu Hurayra has reported that the Messenger of Allah said: “One should not bring together a woman and her father’s sister, nor a woman and her mother’s sister in marriage”. Muslim narrates that 'Aisha (ra) said that the Messenger of Allah (pbuh) said: “Suckling makes women unlawful (for marriage) the same as birth makes unlawful.” Thus, the marriage to mothers is absolutely forbidden. The mothers are everyone to whom you are related by childbirth. This is so, whether the one whom you are related to qualifies for the true word 'mother' which is the one who gave birth to you or she is a metaphorical mother i.e. is the one who gave birth to the one who gave birth to you and even if she is higher (in the line of descent)/and beyond. Therefore, your grandmothers: your mothers' mother and your fathers mother; the grandmothers of your mother and father; and the grandmothers of your grandmother and grandfather and even higher, irrespective of whether they are entitled to inheritance from you or not, they are all metaphorical mothers to whom marriage is prohibited.
禁止娶女儿,这是绝对禁止的。她们指的是所有与你有血缘关系的女性,例如从你自己的身上所生的女儿,以及儿子的女儿和女儿的女儿,即使她们在世系中往下延伸。无论她们是否有继承权,她们都是禁止与之结婚的女儿。
Marriage to daughters is absolutely forbidden. They are every female who is related to you by your birth, such as the daughter who springs from your own loins or the daughters of sons and daughters, even if they go down in the line of descent. Whether they inherit or not, they are all daughters to whom marriage is forbidden.
同样绝对禁止结婚的,是三类姐妹:同父同母的姐妹、同父异母的姐妹,或同母异父的姐妹(即母系同胞姐妹)。
Also absolutely forbidden to marry are the sisters from three directions; from the (same) mother and father or from (just) the father, or (just) the mother (uterine sisters).
与父亲的姐妹、父系或母系祖父的姐妹结婚是被禁止的,无论这些祖先是近代的还是远代的,也无论其是否有继承权,三个方面的父亲姐妹皆在禁止之列。
Marriage to paternal aunts, the sisters of the father from three directions are forbidden, also the sisters of grandfathers through the father or mother, whether the grandfather is immediate or distant and whether He inherits or not.
与母系姨母结婚是被禁止的,即母亲的姐妹,三个方向的都在内;祖母的姐妹以及辈分更高的人也同样在内,因为母亲的每一位祖母,以及祖母的每一位姐妹,都被视为禁止与之结婚的母系姨母。
Marriage to maternal aunts, the sisters of the mother from three directions are forbidden, also sisters of grandmothers and whosoever is higher in the line of descent, because every grandmother of a mother, and likewise every sister of a grandmother is considered a maternal aunt to whom marriage is prohibited.
与侄女以及与兄弟有血缘关系的任何女子结婚都是被禁止的;因此,无论这位兄弟是哪一方的亲属,兄弟的女儿都是被禁止的。姐妹的女儿同样被禁止。
Marriage to nieces and any woman who is related to the brother by birth is forbidden; so the daughter of a brother is forbidden from whatever direction the brother may be. The daughters of the sister are likewise forbidden.
与乳母结婚是被禁止的。她们是哺育过你的人,包括她们的母亲和祖母,以及在血统上更高一层的人,正如谱系中所提到的那样。凡是你的乳母是某个女子的母亲,或者某个女子曾被你的母亲哺乳,或者她与你曾被同一位女子哺乳,或者你与她曾吃同一男子的乳汁所哺育,那么这样的女子都在禁止之列。即使乳母不止一位,情况也是如此。这样的女子就是你的姊妹,你与她结婚是被禁止的。
Marriage to foster mothers is forbidden. They are the ones who have suckled you, their mothers and grandmothers, and whosoever is higher in the line of descent according to what has been mentioned in the genealogy. Every woman whose mother has suckled you or whom your mother suckled, or she and you have been suckled by the same woman, or you and she were suckled from the milk of the same man. Even if there were more than one foster mother. Such a woman is your sister and it is forbidden for you to marry her.
禁止与妻子的母亲结婚。凡娶了一名女子的人,她的一切以血缘或哺乳关系为母的女性,无论亲近或疏远,仅凭婚约的成立便对他成为禁婚对象,无论他是否与妻子同房。这是根据'Amr b. Shu'ayb传述,他的父亲又传自他的祖父,先知ﷺ说:"谁娶了一名女子,然后在与她同房之前就与她离婚,那么他娶她的女儿(即继女)并无妨碍,但他不得娶她的母亲。" 禁止与妻子的女儿结婚,前提是与她的母亲同房。她们是继女。只有在与其母亲同房之后,她们才成为禁婚对象。她们包括妻子所生的一切女儿,无论以血缘还是哺乳关系,无论亲近或疏远,无论是否有继承权,依照关于女儿的相关论述。若与母亲同房,则这些女儿对他成为禁婚对象,无论她们是否在他的监护之下,因为经文"你们妻子所生而在你们监护之下的继女"(《妇女章》:23)是对她们普遍状况的描述,并非作为条件提出。至于经文"你们与她们同房所生的"(《妇女章》:23),这是作为条件出现的,因为其后明确提到:"如果你们没有与她们同房,那么你们娶她们的女儿也无罪。"(《妇女章》:23)因此,如果他没有与该女子同房,那么娶她的女儿便不被禁止。
Marriage to the mothers of wives is forbidden. Whoever married a woman then everyone who is a mother to her by lineage or suckling, whether close or distant (in relation) becomes forbidden to Him by the existence of a mere contract irrespective of whether He has consummated the marriage or not. This is due to what has been narrated by 'Amr b. Shu'ayb, on the authority of his father who narrated on the authority of his grandfather that the Prophet (pbuh) said: “Whoever marries a woman and then divorces her before He has consummated the marriage with her, there is no objection to Him marrying his step-daughter (the woman’s daughter) but it will not be permitted for Him to marry her mother.” Marriage to daughters of wives with whom He has consummated the marriage is forbidden. They are the stepdaughters. They are not forbidden except by consummation of the marriage with their mothers. They include every daughter of the wife by lineage, suckling, close or distant (in relation), whether inheriting or not, according to what has been mentioned concerning the daughters. If the marriage is consummated with the mother, then the daughters become forbidden for Him, whether they were under his guardianship or not, because the statement “Your step-daughters under your guardianship” [An- Nisa: 23], is a description of their general state and it is not mentioned as a condition. As for the statement: “born of your wives to whom you have gone in”. [An- Nisa: 23] This comes in the form of a condition, due to what is clearly mentioned after it: “... but there is no sin on you if you have not gone in them (to marry their daughters)”. [An- Nisa: 23] Therefore, if He has not consummated the marriage with the woman, then marriage to her daughter is not prohibited.
此外,娶儿媳为妻是绝对禁止的,即娶自己儿子的妻子和孙子的妻子(无论是通过血缘、哺乳关系,无论关系近或远),只要婚约已经缔结,无论是否已经同房,都在禁止之列。
In addition marriage to daughters-in-law is absolutely forbidden, i.e. marriage to wives of his sons and wives of his grandsons through lineage, suckling, whether close or distant (in relation), the moment the contract was concluded, irrespective of whether the marriage was consummated or not.
禁止与继母结婚。因此,男子不得娶其父亲的妻子,无论她是近亲还是远亲,无论她是否有继承权,无论她是血缘关系还是哺乳关系。奈萨仪(An-Nisai)记载,巴拉'·本·阿齐卜(al-Barra' b. 'Azib)说:“我遇见了我的舅舅,他拿着一面(战争的)旗帜。我问:‘你想做什么?’他说:‘安拉的使者ﷺ命令我去找一个人,此人在他父亲去世后娶了父亲的妻子,我要去砍他的脖子(即杀了他)。’” 同时娶两姐妹为妻是被禁止的,无论她们是血缘上的姐妹、哺乳上的姐妹,还是同父同母的姐妹、同父异母或同母异父的姐妹,也无论与该姐妹的婚姻是在圆房之前还是之后。如果他在同一份合同中同时娶了她们两人,那么这份合同无效(Fasid)。
Marriage to one's step-mothers is forbidden. Therefore, a man is forbidden from marrying the wife of his father whether He is a close or distant relation, whether He is entitled to inheritance or not and whether He is related by lineage or suckling. An-Nisai has reported that al-Barra' b. 'Azib said: “I came across my maternal uncle who was carrying a (war) banner. I said: ‘what do you wish to do?’ He said: ‘The Messenger of Allah ordered me to go to a man who had married his father’s wife after his death, in order to strike his neck (i.e. kill Him).’’’ It is prohibited to be married to two sisters at the same time, whether they were sisters because of lineage, suckling, from the same mother and father, from one father or one mother, and irrespective of whether the marriage to the sister took place before or after consummation. If He marries them both in a single contract then the contract will be improper (Fasid).
同时娶一个女子和她的姑母或姨母,也是被禁止的。这是因为艾卜·胡莱赖传述,安拉的使者ﷺ说:“不得同时娶一个女子和她的姑母,或一个女子和她的姨母。”在艾卜·达伍德的传述中:“一个女子与她的姑母、姑母与她兄弟的女儿、一个女子与她的姨母,以及姨母与她姐妹的女儿,都不得同时嫁给同一个男人。年长者之后不得娶年幼者,年幼者之后也不得娶年长者,二者都不得以婚姻结合。”此外,娶已婚的妇女也是被禁止的。安拉称她们为“Al-Muhsanat”(贞洁的妇女),因为她们通过婚姻保护了自己的私处(使其免于通奸)。
It is also forbidden to be married to a woman and her paternal or maternal aunt at the same time. This is because of what has been narrated by Abu Hurayra that the Messenger of Allah said: “One cannot be married to a woman and her paternal aunt, or a woman and her maternal aunt at the same time”. And in the narration of Abu Dawood: ‘A woman and her paternal aunt, a paternal aunt and her brother’s daughter, or a woman and her maternal aunt and a maternal aunt and her sister’s daughter cannot be married to the same man at the same time. Neither the older after the younger, nor the younger after the older can be combined in marriage.” In addition it is also forbidden to marry women that are already married. Allah has called them 'Al-Muhsanat' (chaste women) because they have protected their private parts (from Zina) through marriage.
哺乳所禁止的,与血缘所禁止的相同。凡因血缘而被禁止的女性,因哺乳同样被禁止。这适用于母亲、女儿、姐妹、父系和母系的姑姨,以及侄女(兄弟和姐妹的女儿)。她们被禁止的方式与血缘禁止相同,依据先知ﷺ所说:"凡因血缘而被禁止的,因哺乳同样被禁止。"在穆斯林的记载中:'哺乳所禁止婚娶的,与血缘所禁止的相同'(就婚姻而言)。'艾莎(愿真主喜悦她)传述:阿夫拉赫,即阿布·古艾斯的兄弟,在遮蔽的经文降示后向我请求入内。我说:'奉真主之名起誓,我不会让阿夫拉赫进来,除非我先征求真主的使者ﷺ在此事上的意见,因为阿布·古艾斯的兄弟并没有哺乳我,哺乳我的是阿布·古艾斯的妻子。'真主的使者ﷺ来到时,我说:'真主的使者啊!哺乳我的不是那个男人,而是他的妻子。'他说:'让他进来吧,因为他对你来说是叔叔(父系的叔伯),你若没有问,可能就要遭殃了。'"哺乳中的禁止因素是乳汁。因此,乳汁的所有者和施行哺乳的人,对于被哺乳者来说都是被禁止的。无论乳汁的所有者是男人还是女人,也无论被哺乳者是否为那位女性所哺育的孩子。因此,一个人可以娶他乳兄弟的姐妹,但不可以娶他乳兄弟或乳姐妹。所以,如果一个人被某位女性哺乳,这位女性就是他的乳母,她的丈夫就是他的乳父。她的孩子(无论儿子还是女儿)就是他的乳兄弟和乳姐妹,而被哺乳者的亲兄弟姐妹,并不是他的乳兄弟姐妹的兄弟姐妹。 因此,他们可以与其兄弟的养兄弟、养姐妹结婚。由此可见,禁止结婚的因素是乳汁关系。
Suckling prohibits that which lineage prohibits. Every woman that is forbidden due to lineage, likewise is also forbidden due to suckling. This applies to mothers, daughters, sisters, paternal and maternal aunts, and nieces (daughters of the brother and sister). They are forbidden in the same manner as in the prohibition of lineage due to the saying of the Prophet (pbuh): “What is forbidden by lineage is likewise forbidden by suckling”. And in the narration of Muslim: ‘Suckling makes unlawful what birth makes unlawful’(in terms of marriage). And 'Aisha (ra) narrated that: “Aflah, the brother of Abu al-Qu’ays, asked me permission (to enter the house) after the partition (Hijab) was revealed. So I said: ‘By Allah, I would not admit Aflah unless I have asked the opinion of Allah’s Messenger (pbuh) on this matter, for the brother of Abu al-Qu’ays has not suckled me but it was the wife of Abu al-Qu’ays who suckled me’, when Allah’s Messenger (pbuh) came, I said: ‘O Messenger of Allah! It was not the man who suckled me but it was his wife’ He said: ‘Permit Him to enter for He is to you a (paternal) uncle, you may have perished, had you not asked.’” The prohibiting factor in suckling is the milk. So both the owner of the suckled milk and the one who made suckling are prohibited to the person who was suckled. Whether the owner of the milk was a man or a woman, and whether the one who was suckled was child for whom He suckled from or not. Consequently, it is allowed for a person to marry his foster brother's sister but not allowed to marry his/her foster brother or sister. So, if a person was breast fed from a woman, this woman will be his foster mother and her husband will be his/her foster father. Their children (both sons and daughters) will be his foster brothers and sisters, while the brothers of the person who was suckled are not brothers and sisters of his/her foster brothers and sisters. Therefore, they are allowed to marry the foster brothers and sisters of their brother. Thus the prohibiting factor is the milk.
这些是禁止与之结婚的女性,除此之外的其他女性都可以结婚。这是出于真主(SWT)的经文:
These are the women to whom marriage is forbidden, and any women other than these are permitted for marriage. This is due to his (swt)'s saying:
“除此之外的人都是合法的(可以娶为妻子)”[《妇女章》:24]。如前所述,这排除了与以物配主者结婚,以及与已婚妇女结婚的情况。
“All others are lawful (for marriage)” [An- Nisa: 24] This as explained earlier, excludes the marrying of a Mushrik and a woman who is already married.