Fatwa #97872 October 2003United Kingdom
What is the evidence to show that a woman should not freemix and observe purda from her husband's brother?
Question
My sister has just recently married. My sister?s husband has 2 brothers. I have informed my sister?s husband that it is haram for my sister to freemix with his brothers and that my sister should lower her gaze and observe purda in front of her husband?s brothers. I also told him that there is in a hadith the Prophet (SAW)said something like ? the brother in law is death to a woman. I told him this meant that of all men the most dangerous to a woman could be the brother in laws. He has asked me to give him the reference of this hadith and any other evidence to prove this point.
Answer
Sayyiduna Uqbah ibn Aamir (Radhiallaahu Anhu) reports that Rasulullah (Sallallaahu Alayhi Wasallam) said, ?Beware of mixing with women.? An Ansari Sahaabi enquired, ?Oh Rasulullah (Sallallaahu Alayhi Wasallam), what about the brother-in-law?? At this, Rasulullah (Sallallaahu Alayhi Wasallam) replied, ?The brother-in-law is death!? (Sahih Bukhari Hadith5232; Sahih Muslim Hadith5638)%0D%0A%0D%0AThe meaning of this is that seclusion with the brother-in-law usually results in Fitnah and destruction of one?s Deen. (Fathul baari vol.9 pg.415). hence, Purdah should be strictly observed from him.%0D%0A%0D%0AImaam Nawawiy (RA) has duly mentioned that normally, people are quite laxed in this regard. (Sharh al-Nawawiy alaa Sahih Muslim vol.14 pg.378)%0D%0A%0D%0ANote: The word mentioned in the Hadith is ?al-Hamw? and like it has been translated as brother-in-law (brother of the husband). It could also refer to the husband?s uncle, his cousins as well as his nephews. (Ibid).%0D%0A%0D%0AAmong other proofs that support the above is the Hadith narrated by Sayyiduna Abdullah ibn Abbaas (Radhiallaahu Anhu) that Rasulullah (Sallallaahu Alayhi Wasallam) said, ?No man should be in seclusion with another woman except the Mahrams.? (Sahih Bukhari Hadith5233, 1862)%0D%0A%0D%0AThe word, ?Mahram? refers to all those people with whom one cannot marry at any time in his%2Fher life, e.g. father, brother, sister, paternal and maternal uncles, etc. (see Sharh al-Nawawiy vol.14 pg.378)%0D%0A%0D%0AAs for the husband?s brother, although the wife canot marry him presently, she may do so after the husband?s death. Hence, he is not included as a Mahram. The same applies to the husband?s uncles, cousins and nephews. For more details regarding who is classified as Mahram, refer to Surah Nisaa Aayat23, Surah Noor Aayat31 and Surah Ahzaab Aayat55%0D%0A%0D%0ABesides the above, there is consensus of all the jurists that it is Haram for a person to be in seclusion with a strange woman. (Sharh al-Nawawiy vol.14 pg.378; Fath al-Baari vol.4 pgs.94, 9)%0D%0A%0D%0ALastly, we would like to draw your attention to verse31 of Surah Noor referred to above, in which Allah Ta?ala has explicitly mentioned that the females should not expose their beauty except to those classified as Mahrams, and the husband?s brother is not mentioned as a Mahram.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMl. Muhammad ibn Moulana Haroon Abassommar%0D%0AFACULTY OF SPECIALTY IN HADITH SCIENCES%0D%0A%0D%0ACHECKED AND APPROVED: Mufti Ebrahim Desai (Fatwa Department)