| Author: Hakimi | Date: 2015-11-19 |
A Shia man, who will not have children, has adopted a two-years-old girl with the consent of her father, and for the sake of Mahramiyat[1] in future has had her marry his own father for one hour, with the consent of her father. Now the girl has reached adulthood, there has been doubt raised for the godfather that whether the marriage of the girl with his father has been right, and has caused them to be Mahram or not? And if it has not caused Mahramiyat, how is it possible to make girl Mahram with him so that there be no necessity for her to preserve Hijab in his presence, given that the girl considers him as her father? Meanwhile, the girl’s father and the godfather’s father are both alive and the godfather’s wife is the girl’s aunt.
Please state the opinion of Allamah Khorasani in this regard.
| Answer to question: 0 | Date: 2015-11-21 |
The goddaughter of man will never be his daughter, and will not inherit from him, even if calls him father; as God has said: ﴿وَمَا جَعَلَ أَدْعِيَاءَكُمْ أَبْنَاءَكُمْ ۚ ذَلِكُمْ قَوْلُكُمْ بِأَفْوَاهِكُمْ ۖ وَاللَّهُ يَقُولُ الْحَقَّ وَهُوَ يَهْدِي السَّبِيلَ﴾[2]; “And He has not made your adopted children your [true] children. That is [merely] your saying by your mouths, but Allah says the truth, and He guides to the [right] way”. However, a girl who is married with her godfather’s father is Mahram with her godfather, provided that her marriage is conventional and for the sake of receiving enjoyment from her, even if it is to the extent of looking at her for pleasure, not unconventional, and merely for godfather to become Mahram to her; because the purpose of marriage in the religion and custom is the permission of couples to receive enjoyment from each other, and achieving Mahramiyat is considered as a consequence, and with this description a marriage that does not contain the couple’s intention for pleasure in any way, is illegitimate and irrational and accordingly does not cause Mahramiyat; especially in the mentioned case, in which the couple’s pleasure from each other is rationally or religiously impossible, and it is the appearance of God’s word that says: ﴿وَلَا تَنْكِحُوا مَا نَكَحَ آبَاؤُكُمْ مِنَ النِّسَاءِ إِلَّا مَا قَدْ سَلَفَ ۚ إِنَّهُ كَانَ فَاحِشَةً وَمَقْتًا وَسَاءَ سَبِيلًا﴾[3]; “And do not marry those [women] whom your fathers married, except for what has already occurred; because it is an immorality and hateful [to Allah] and is evil as a way”, given that its perception are the women who have become married with fathers conventionally and for pleasure, and the term "نساء", in the custom and vocabulary, gives up immature girls and the principle is the lack of achieving Mahramiyat, and the lack of Mahramiyat will remain, and with this description such a marriage is in law of falsity; as one of our helpers informed us, said:
«سَأَلْتُ الْمَنْصُورَ عَنْ مُتْعَةِ النِّساءِ فَقالَ: أَقُولُ فِیها كَما قالَ ابْنُ عَبّاسٍ -یَعْنِي أَنَّها حَلالٌ، قُلْتُ: إِنَّهُمْ یَزْعُمُونَ أَنَّها مَنْسُوخَةٌ! قالَ: إِنَّها مِنَ الْقُرْآنِ وَ الْقُرْآنُ لا یُنْسَخُ بِالسُّنَّةِ! أَما قَرَأْتَ قَولَهُ تَعَالَى: ﴿فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً ۚ﴾؟! ثُمَّ قالَ: لَا تُزَوَّجُ مُتْعَةً مَنْ لَا يُسْتَمْتَعُ بِهَا لِصِغَرِهَا، قُلْتُ: أَرَأَيْتَ إِنْ تَزَوَّجَهَا لِيُحَرِّمَهَا عَلَى ابْنِهِ أَوْ أَبِيهِ أَيَحِلُّ لَهُ ذَلِكَ؟ قَالَ: لَا يُحَرِّمُهَا حَتَّى يَتَزَوَّجَهَا لِيَسْتَمْتِعَ بِهَا»; “I asked his Honor Mansoor about the pleasure marriage of woman, then he said: I say about it similar to what Ibn Abbas said - it means, that is Halal, I said; they pounder it is abolished! He said: It is from the Qur’an and the Qur’an cannot be abolished by tradition! Have you not read the word of almighty God that He says: <So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation>[4]?! Then he said: Someone, who is not giving pleasure because of her youngness, will not be married, I said: What is your opinion if he marry her to make her Mahram with his son or father, is this work Halal for him? He said: He does not make her Mahram until he marries her for the sake of pleasure”.
Yes, if the godfather’s father marries the girl, with the consent of his guardian, for the sake of pleasure after reaching the puberty age, permanently or for a period of time in which she normally matures, her marriage is correct and leads to her Mahramiyat with her godfather, even if after reaching the puberty age and before receiving enjoyment from her, divorces her or forgives her the period. Moreover, if the godfather’s father marries the girl, after reaching the perfection age, for the sake of receiving enjoyment from her, his marriage is correct, and leads to her Mahramiyat with her godfather, unless in such a case, it is better to do the intended pleasure before separation from her, and for example looks at her hair or touches her hand to prevent superficial marriage, as one of our helpers informed us, said:
«سَأَلْتُهُ عَنِ الرَّجُلِ یَعْقِدُ عَلَی امْرَأَةٍ لِیُحَرِّمَها عَلَی ابْنِهِ أَوْ أَبِیهِ لا یُرِیدُ غَیْرَ ذَلِكَ، قالَ: لَیْسَ لَهُ ذَلِكَ حَتَّى یَنالَ مِنْها ما یَحِلُّ لِزَوجِها، قُلْتُ: أَیَكْفِیهِ أَنْ یَغْمِزَ یَدَها أَوْ یَنْظُرَ إِلَى شَعْرِها وَ بَدَنِها؟ قالَ: یَكْفِیهِ»; “I asked from his Honor about a man marrying a woman to make her Mahram with his son or father and has no intention except this, said: It is not for him until he reaches something from her that is Halal for her husband, I said: Is it sufficient for him to hold her hand or look at her hair and body? He said: That is sufficient for him”.