Tuesday November 24, 2020 AD Rabi' al-thani 8, 1442 AH
Mansoor Hashemi Khorasani
(71) Following one’s fatwa without knowing his reason is considered blindly imitation, which is not permissible and with this description, acting upon treaties, which are collections of fatwas of Shia jurists without mentioning their reasons, is not sufficient and there is no choice for the obliged person, in order to be saved from the punishment, except to make the effort and by inference from Quran and Sunnah in the light of common sense or impeachment of just and independent jurists, knows the reason for each fatwa, so that if it is certain acts upon it, and if it is not certain, on the one hand tries to access the Caliph of God, and on the other hand turns to primary and practical principles. (Question and answer 84)
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Question & Answer
 

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.

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 ۚ ذَٰلِكُمْ 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 ٱلْمَنْصُورَ عَنْ مُتْعَةِ ٱلنِّساءِ فَقالَ: أَقُولُ فِیها كَما قالَ ٱبْنُ عَبّاسٍ -یَعْنِي أَنَّها حَلالٌ، قُلْتُ: إِنَّهُمْ یَزْعُمُونَ أَنَّها مَنْسُوخَةٌ! قالَ: إِنَّها مِنَ ٱلْقُرْآنِ وَ ٱلْقُرْآنُ لا یُنْسَخُ بِٱلسُّنَّةِ! أَما قَرَأْتَ قَولَهُ تَعالیٰ: ﴿فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً ۚ؟! ثُمَّ قالَ: لا یُتَزَوَّجُ مُتْعَةً مَنْ لا یُسْتَمْتَعُ بِها لِصِغَرِها، قُلْتُ: أَرَأَیْتَ إِنْ تَزَوَّجَها لِتُحَرِّمَها عَلَی ٱبْنِهِ أَوْ أَبِیهِ أَیَحِلُّ لَهُ ذٰلِكَ؟ قالَ: لا تُحَرِّمُها حَتّیٰ یَتَزَوَّجَها لِیَسْتَمْتِعَ بِها»; “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 ٱلرَّجُلِ یَعْقِدُ عَلَی ٱمْرَأَةٍ لِیُحَرِّمَها عَلَی ٱبْنِهِ أَوْ أَبِیهِ لا یُرِیدُ غَیْرَ ذٰلِكَ، قالَ: لَیْسَ لَهُ ذٰلِكَ حَتّیٰ یَنالَ مِنْها ما یَحِلُّ لِزَوجِها، قُلْتُ: أَیَكْفِیهِ أَنْ یَغْمِزَ یَدَها أَوْ یَنْظُرَ إِلیٰ 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”.

↑[1] . Translator note: Mahramiyat is the act of being Mahram
↑[2] . Al-Ahzab/ 4
↑[3] . An-Nisa/ 22
↑[4] . An-Nisa/ 24
The website for the office of Mansoor Hashemi Khorasani The section for answering questions
Appendices
Sub-questions & answers
Sub-question 1
Author: Hakimi
Date: 21/11/2015

Considering the opinion of his honor, some important questions has been raised that I ask you to answer:

First of all, can the godfather’s father marry her without her own notice? Considering that the girl’s notice at this puberty age has emotional and spiritual side effects for her.

Second, is the presence of the girl’s real father necessary for her marriage with the godfather, given that he is addicted and his presence would cause problems for her?

Third, assuming that this Mahramiyat would be achieved, according to what his honor said, would her Mahramiyat with her godfather be abolished with girl’s permanent marriage with someone else?

Fourth, after going through all these stages, the girl must get married in the future. Is it religiously obligatory for her marriage that his real father be present or his godfather’s presence is sufficient? Because the appearance of her real father, considering her addiction and inappropriate mood, would damages the girl’s reputation and future.

Fifth, assuming that it would be possible to keep all these things hidden forever, and even change the girl’s family name and change her birth identification. Is this fundamentally right and permissible, and does not cause mistakes in the lineage? In the general term, what is Islam’s viewpoint about adoption, considering these consequences, it possesses?

Answer to
sub-question 1
Date: 21/11/2015

The answers of your questions are as follow:

1. Marriage is the requirement of one side and acceptance of the other, and with this description one party cannot fulfill both the requirement and the acceptance. Therefore, the girl’s acceptance is necessary for having the marriage, and it is not possible without her notice about the godfather’s father’s requirement. Yes, the girl’s father, if he is not lunatic and realizes the girl’s expedient, can accept the godfather’s father’s requirement on the part of the girl, as God has said: ﴿قَالَ إِنِّي أُرِيدُ أَنْ أُنْكِحَكَ إِحْدَى ابْنَتَيَّ هَاتَيْنِ عَلَىٰ أَنْ تَأْجُرَنِي ثَمَانِيَ حِجَجٍ ۖ[1]; “Said, I wish to wed you one of these, my two daughters, on [the condition] that you serve me for eight years”; except in this a case, the pleasure of godfather’s father from the girl without her notice of marriage is not empty of difficulties, unless it would be to extend of looking at her hair or face while neglecting.

2. For the girl’s marriage the father’s permission is sufficient and his presence in the marriage location is not necessary.

3. The Mahramiyat of the godfather with the girl, after the abolishment of the godfather’s father marriage with the girl, will not be abolished.

4. For the marriage the father’s permission is necessary and the godfather’s permission is not sufficient, but if obtaining the permission of her father -even without his presence in the marriage location- has apparent corruption and difficulties, the girl’s satisfaction for having the marriage is sufficient; except that in this case, the father can abrogate the marriage, after noticing of that, when it is against the girl’s expedient. As if one of our companion informed us, said:

«قُلْتُ لِلْمَنْصُورِ: هَلْ یَحِلُّ لِلْعَذْراءِ أَنْ تَتَزَوَّجَ بِغَیْرِ إِذْنِ أَبِیها؟ قالَ: لا و لا كَرامَةَ، قُلْتُ: وَ إِنْ كانَتْ رَشِیدَةً؟ قالَ: وَ إِنْ كانَتْ رَشِیدَةً، قُلْتُ: فَإِنْ تَزَوَّجَتْ بِغَیْرِ إِذْنِ أَبِیها فَتَریٰ أَنَّ زَواجَها باطِلٌ؟ قالَ: لا إِلّا أَنْ تَزَوَّجَتْ بِغَیْرِ كُفْوٍ وَ جاءَ أَبُوها یُخاصِمُها فَلَهُ أَنْ یَنْقُضَ ٱلنِّكاحَ»; “I said to his honor Mansoor: Is it Halal for a virgin to marry without her father’s permission? He said: No, it is not worthy, I said: Although she was full-grow? He said: Although she was full-growth, I said: if she marries without his father’s permission, will you consider his marriage abrogated? He said: No, unless she marries with the non-similar-level, and her father comes and discusses with her, then (her father) can abrogate the marriage”.

With this description, the marriage with virgin without her father’s permission is Haram, but it is not abrogated.

5. Adopting a child who has parent is nonsense, unless his/her parent, by virtue of an excuse, was not able to take care or, by virtue of an imperfection, does not have its qualifications, and in such a case, it is obligatory for the adopter to aware the child, after reaching the puberty age, about his/her parent; as if the God has said: ﴿وَيَسْأَلُونَكَ عَنِ الْيَتَامَىٰ ۖ قُلْ إِصْلَاحٌ لَهُمْ خَيْرٌ ۖ وَإِنْ تُخَالِطُوهُمْ فَإِخْوَانُكُمْ ۚ[2]; “And they ask you about orphans. Say, "Improvement for them is best. And if you mix your affairs with theirs (in your life) - they are your brothers (and religious sisters)”.

↑[1] . Al-Qasas/ 27
↑[2] . Al-Baqarah/ 220
The website for the office of Mansoor Hashemi Khorasani The section for answering questions
Sub-question 2
Author: Mohammadzadeh
Date: 05/12/2015

Do not be tired. There has been happened a religious problem for one of my closest relatives, and due to his/her familiarity with noble book "Return to Islam" has required me to ask about the opinion of his honor allamah in this regard.

They are a family that have adopted a baby girl because of having no children, but since the baby’s age has been passed the breastfeeding period, and also the godfather’s father is not alive, there is not left any of mentioned ways to making the girl mahram to her godfather. Is it possible, in this sense, to solve the problem of Mahramiyat with another way? Please guide me in this regard.

Thanks

Answer to
sub-question 2
Date: 06/12/2015

If the godfather had a son, he could marry the girl, in accordance with the above conditions, with his son in order to be mahram with her, as if God has said about the Maharim[1]﴿وَحَلَائِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلَابِكُمْ[2]; “And the wives of your sons who are from your [own] loins”, but according to the question that godfather has no children and his father is passed away and that the goddaughter is not in breastfeeding age, there is no way to become mahram, and with this description it is obligatory upon the goddaughter after puberty to wear Hijab from the godfather, and it is obligatory upon godfather to avoid touching the goddaughter and looking at her, except to the extent of hand and face or in cases of necessity.

It is understood from here, it is appropriate that those who want to adopt a girl or a boy, first of all gain information about its laws and consequences in Islam to not to put themselves ignorantly in the hardships, and if Satan puts them in negligence, and they had been putted in hardship ignorantly, it is necessary to wait on it, and practice piety until God rewards them; since God is aware of everything that they are doing, and their return is toward Him.

↑[1] . Translator note: Maharim means those who are mahram.
↑[2] . An-Nisa/ 23
The website for the office of Mansoor Hashemi Khorasani The section for answering questions
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