Combining a Woman with Her Mother’s Maternal Aunt
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Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. Then: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from the questioner: the honorable judge of the Yadamah court, referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (4508) and date 14/7/1425 AH. The questioner asked a question, the text of which is as follows: This day, both citizens: (H. M. M. F.) and (S. M. D. F.) came to me and requested the submission of an urgent fatwa to Your Eminence regarding the following incident: Citizen (H. M.) married the daughter of citizen (S. M. Jazawi) under the guardianship of her father on Saturday, corresponding to 5/7/1425 AH, through the official marriage officer. When he came to me to document the contract, it became clear that the maternal aunt of the new wife’s mother (J. S.) is the wife of citizen (H. M.), meaning that by marrying her, the man has combined the woman (J. S.) with her mother’s maternal aunt by blood , who is still under the marriage bond. It is known that the husband and the wife’s guardian knew this before the contract, but they did not know its prohibition. They said they had asked a person named (S. M.) in al-Kharj by telephone, and he issued a fatwa permitting it. Based on this, they performed the contract. It is known that no
consummation or seclusion has occurred yet. When they came to me and I informed them of the ruling, they requested that an urgent fatwa be submitted to Your Eminence to reassure their hearts. Therefore, we submit this fatwa to Your Eminence in the manner described, so that Your Eminence may direct them as he sees fit. May Allah protect you.
After the Committee’s study of the question, it answered: If the facts are as stated, the aforementioned contract between (H. M.) and (J. S.) is invalid; because it involves combining a woman with her mother’s maternal aunt—and her mother’s maternal aunt is her own maternal aunt—and this is what the Prophet (peace and blessings be upon him) prohibited, as He said:Sahih Muslim 1408a . Therefore, it is obligatory to separate the aforementioned husband and wife for the reason mentioned.
consummation or seclusion has occurred yet. When they came to me and I informed them of the ruling, they requested that an urgent fatwa be submitted to Your Eminence to reassure their hearts. Therefore, we submit this fatwa to Your Eminence in the manner described, so that Your Eminence may direct them as he sees fit. May Allah protect you.
After the Committee’s study of the question, it answered: If the facts are as stated, the aforementioned contract between (H. M.) and (J. S.) is invalid; because it involves combining a woman with her mother’s maternal aunt—and her mother’s maternal aunt is her own maternal aunt—and this is what the Prophet (peace and blessings be upon him) prohibited, as He said:
One should not combine a woman and her father's sister, nor a woman and her mother's sister in marriage.
لا يجمع بين المرأة وعمّتها ولا بين المرأة وخالتها
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
