Marrying a woman and her father's wife
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Fatwa No. ( 21515 )
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 Honorable Assistant Head of the Courts of the Province of al-Hasa , reference number (1471 \ 1) and dated 1 \ 6 \ 1420 AH, in which he requested a review of what was sent to him by the Honorable Judge of the Grand Sharia Court in al-Hasa, The Shaykh: Tamim ibn Muhammad al-'Anizan, regarding the request of (K. N. 'A.) to contract a marriage with the woman: (S. 'A. 'A.) such that he would combine his first wife with his father's wife. And it was stated in the letter of his Honor: To the Honorable Assistant Head of the Courts of al-Hasa, may Allah grant him success. Peace be upon you and Allah's mercy and blessings. And after: We enclose herewith the complete documents sent to us by you with reference number (580) on 27 \ 5 \ 1420 AH, regarding the request of (K. N. 'A.) to contract a marriage with the woman (S. 'A. 'A.), who is of Egyptian nationality, for which the Ministry of Interior issued its approval in letter number (17 \ 1787) on 26 \ 7 \ 1419 AH, and your request to review this matter. Accordingly, we inform you that upon questioning the husband, it became clear that he is married to a woman who is the daughter of ('A. S. B.), and that the aforementioned (S.) is also the wife of the aforementioned ('A.), and that she was divorced from him by his death, and is not the mother of the wife of the aforementioned (K.), and he wishes to combine his wife with his father's wife. And since there is scholarly disagreement in this matter, as mentioned by the author of (al-Mughni) and others, and due to the jurisprudential principle: (It is forbidden to combine two women such that if one were a man and the other a woman, it would be forbidden for the man to marry her), I hope that all the documents will be sent to His Eminence the Grand Mufti of the
Combining two women in marriage, if one were a man and the other a woman, would make the man's marriage to her forbidden. Therefore, I hope that all the documents will be submitted to His Eminence the Grand Mufti of the Kingdom of Saudi Arabia, and the President of the Council of Senior Scholars, and the Department of Islamic Research and Ifta, for a ruling on this matter; to clear my conscience and out of fear that a previous ruling may have been issued on such a matter. May Allah grant success, and peace.
After the Committee studied the question, it respondedthat a man may marry a woman and his father's wife, provided there is no milk kinship between them, because there is nothing in the Shari'ah that prevents this, and because there is no harm in it. As for what some jurists mentioned, namely that it is forbidden for a man to marry two women such that if one were a man and the other a woman, it would be forbidden for the man to marry her, they attributed the prohibition to kinship, so that it does not lead to severing close family ties, due to the rivalry and jealousy inherent in the nature of co-wives. This cause does not exist in marrying a woman and her father's wife, because there is no family kinship between them; rather, that is specific to family kinship, and there is disagreement among the jurists on this matter.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
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 Honorable Assistant Head of the Courts of the Province of al-Hasa , reference number (1471 \ 1) and dated 1 \ 6 \ 1420 AH, in which he requested a review of what was sent to him by the Honorable Judge of the Grand Sharia Court in al-Hasa, The Shaykh: Tamim ibn Muhammad al-'Anizan, regarding the request of (K. N. 'A.) to contract a marriage with the woman: (S. 'A. 'A.) such that he would combine his first wife with his father's wife. And it was stated in the letter of his Honor: To the Honorable Assistant Head of the Courts of al-Hasa, may Allah grant him success. Peace be upon you and Allah's mercy and blessings. And after: We enclose herewith the complete documents sent to us by you with reference number (580) on 27 \ 5 \ 1420 AH, regarding the request of (K. N. 'A.) to contract a marriage with the woman (S. 'A. 'A.), who is of Egyptian nationality, for which the Ministry of Interior issued its approval in letter number (17 \ 1787) on 26 \ 7 \ 1419 AH, and your request to review this matter. Accordingly, we inform you that upon questioning the husband, it became clear that he is married to a woman who is the daughter of ('A. S. B.), and that the aforementioned (S.) is also the wife of the aforementioned ('A.), and that she was divorced from him by his death, and is not the mother of the wife of the aforementioned (K.), and he wishes to combine his wife with his father's wife. And since there is scholarly disagreement in this matter, as mentioned by the author of (al-Mughni) and others, and due to the jurisprudential principle: (It is forbidden to combine two women such that if one were a man and the other a woman, it would be forbidden for the man to marry her), I hope that all the documents will be sent to His Eminence the Grand Mufti of the
Combining two women in marriage, if one were a man and the other a woman, would make the man's marriage to her forbidden. Therefore, I hope that all the documents will be submitted to His Eminence the Grand Mufti of the Kingdom of Saudi Arabia, and the President of the Council of Senior Scholars, and the Department of Islamic Research and Ifta, for a ruling on this matter; to clear my conscience and out of fear that a previous ruling may have been issued on such a matter. May Allah grant success, and peace.
After the Committee studied the question, it respondedthat a man may marry a woman and his father's wife, provided there is no milk kinship between them, because there is nothing in the Shari'ah that prevents this, and because there is no harm in it. As for what some jurists mentioned, namely that it is forbidden for a man to marry two women such that if one were a man and the other a woman, it would be forbidden for the man to marry her, they attributed the prohibition to kinship, so that it does not lead to severing close family ties, due to the rivalry and jealousy inherent in the nature of co-wives. This cause does not exist in marrying a woman and her father's wife, because there is no family kinship between them; rather, that is specific to family kinship, and there is disagreement among the jurists on this matter.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.