Is it permissible for a man to marry his stepdaughter if her mother has died, given that she was not in his care?
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The questioner : If a man marries a woman who has a daughter from a previous husband, but this daughter did not live with her mother’s husband, rather she was far from them until her mother passed away while she was of marriageable age, is it permissible for her mother’s husband to marry her because she was not in his care?
The Shaykh : This daughter of his wife from a previous husband, if he has consummated the marriage with the mother, meaning he has had intercourse with her, then she is not permissible for him, whether she was in his care or not. This is the view of the majority of scholars: if a wife’s daughter is from a mother with whom the husband has consummated the marriage, she is forbidden to the husband permanently, whether she was in his care or not. Accordingly, this daughter mentioned by the questioner is not permissible for him to marry after her mother. And this view, namely the view of the majority, is the correct one, because Allah the Exalted says:[An-Nisa 4:23] So Allah the Exalted mentioned two descriptions: a description of the stepdaughter and a description of the mother. As for the stepdaughter, He said: [An-Nisa 4:23] And as for the mother, He said: [An-Nisa 4:23] Then Allah the Exalted mentioned the ruling for what lacks the second condition and was silent about what lacks the first condition, saying: [An-Nisa 4:23] This indicates that the first condition regarding stepdaughters is not considered, for if it were considered, Allah the Exalted would have mentioned the ruling for what lacks this condition, just as He mentioned the ruling for what lacks the second condition. Consequently, His saying: [An-Nisa 4:23] is a predominant condition, and a predominant condition does not establish a ruling, or rather, to put it more correctly, its implication has no ruling.
The questioner : May Allah reward you with good and do you good.
The Shaykh : This daughter of his wife from a previous husband, if he has consummated the marriage with the mother, meaning he has had intercourse with her, then she is not permissible for him, whether she was in his care or not. This is the view of the majority of scholars: if a wife’s daughter is from a mother with whom the husband has consummated the marriage, she is forbidden to the husband permanently, whether she was in his care or not. Accordingly, this daughter mentioned by the questioner is not permissible for him to marry after her mother. And this view, namely the view of the majority, is the correct one, because Allah the Exalted says:
your step-daughters under your guardianship [born] of your wives unto whom you have gone in
وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُمْ مِنْ نِسَائِكُمُ اللَّاتِي دَخَلْتُمْ بِهِنَّyour step-daughters under your guardianship
روَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُمْof your wives unto whom you have gone in
مِنْ نِسَائِكُمُ اللَّاتِي دَخَلْتُمْ بِهِنَّBut if you have not gone in unto them, there is no sin upon you.
فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلا جُنَاحَ عَلَيْكُمْunder your guardianship
اللَّاتِي فِي حُجُورِكُمْThe questioner : May Allah reward you with good and do you good.