Is the wife's aunt forbidden to the husband by the divorce of her daughter?
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The questioner : Is the wife's mother forbidden to the husband by the divorce of her daughter?
The Shaykh : We do not know the aunt except as the father's sister. As for the wife's mother, she is not an aunt, my brothers. The wife's mother is the aunt, and her maternal aunt is not either, correct? This is fine. The mother-in-law is fine.
The presenter : What does he say to you?
The Shaykh : And we say that the correct view is to say: If a man marries a woman and divorces her, is her mother forbidden to him after the divorce or not? The answer is that she is forbidden to him. If a man marries a woman, her mother becomes one of his mahram (forbidden relatives) to him, do you understand? Even if a man contracts a marriage with a woman, contracts with a woman, and then divorces her before the divorce, without entering with her, without being alone with her, and without anything at all, her mother becomes a mahram to him. It is not permissible for him to marry her, she may uncover herself before him, and he may be alone with her and travel with her, because she is one of his mahram. Do you understand?
As for if he marries a woman and divorces her before consummation, and then she marries another man and bears a daughter from him, her daughter is not forbidden to him, because the daughters of the wife are not forbidden to the husband unless he has consummated the marriage with their mother. Allah the Exalted said:[An-Nisa 4:23] He also asks: Is it permissible for me?
And I love, my brothers, that we call things by their legal names. Now this man says: If I divorce the wife, is her aunt forbidden to me? Is her aunt forbidden to me? This is not correct. Perhaps you ask a knowledgeable person who says "aunt" and "maternal aunt," and he builds on the assumption that the aunt is the father's sister and the maternal aunt is the mother's sister. Consider the saying of the Messenger (peace and blessings be upon him):Mishkat al-Masabih 631, 632 The Bedouins call the 'Isha prayer "al-'Atamah," and it is called 'Isha in the Book of Allah. This is an indication from the Messenger (peace and blessings be upon him) to call things by their legal names.
The Shaykh : We do not know the aunt except as the father's sister. As for the wife's mother, she is not an aunt, my brothers. The wife's mother is the aunt, and her maternal aunt is not either, correct? This is fine. The mother-in-law is fine.
The presenter : What does he say to you?
The Shaykh : And we say that the correct view is to say: If a man marries a woman and divorces her, is her mother forbidden to him after the divorce or not? The answer is that she is forbidden to him. If a man marries a woman, her mother becomes one of his mahram (forbidden relatives) to him, do you understand? Even if a man contracts a marriage with a woman, contracts with a woman, and then divorces her before the divorce, without entering with her, without being alone with her, and without anything at all, her mother becomes a mahram to him. It is not permissible for him to marry her, she may uncover herself before him, and he may be alone with her and travel with her, because she is one of his mahram. Do you understand?
As for if he marries a woman and divorces her before consummation, and then she marries another man and bears a daughter from him, her daughter is not forbidden to him, because the daughters of the wife are not forbidden to the husband unless he has consummated the marriage with their mother. Allah the Exalted said:
But if you have not gone in unto them, there is no sin
فَإِن لَّمْ تَكُونُوا دَخَلْتُم بِهِنَّ فَلَا جُنَاحَAnd I love, my brothers, that we call things by their legal names. Now this man says: If I divorce the wife, is her aunt forbidden to me? Is her aunt forbidden to me? This is not correct. Perhaps you ask a knowledgeable person who says "aunt" and "maternal aunt," and he builds on the assumption that the aunt is the father's sister and the maternal aunt is the mother's sister. Consider the saying of the Messenger (peace and blessings be upon him):
do not let the Bedouin take away from you the name of your prayer al-‘isha
لا يغلبنكم الأعراب على صلاتكم العشاء،
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 57 - 60 هل العمة للزوج تحرم بطلاق ابنتها؟ إنما الأعمال بالنيات - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.