He married his maternal brother's sister and his father's ex-wife's daughter from another man; what is the ruling?
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Fatwa number ( 4986 )
Q: I have a question and I hope to find a satisfactory answer from your eminence, and that you give it your attention. It consists of two parts, but the subject is one. The first part: I married a woman who is the sister of one of my brothers on the maternal side. My brother mentioned is older than me in age, as the nature of the kinship is that my father previously married this girl's mother and had my older brother mentioned from her, then he divorced her and she married another man who had this girl from her. As for me, I am from another mother, and my mother is a sister to this girl's mother on both the paternal and maternal sides, as my father married them one after the other. Thus, the girl's mother is my maternal aunt. Despite my lack of conviction in the legitimacy of the marriage, I resorted to several judges seeking a fatwa on the permissibility of this marriage, but I was informed that it is permissible. Nevertheless, doubt still
lingers in me, even though I now have four children from this girl. The second part: I married this girl at a young age, and in truth, I was not careful about my religious affairs at that time, as I was negligent in matters of prayer without resorting to anything forbidden in any way. During that period, I would swear oaths of divorce in various occasions, twice and three times, without counting, and then I would not fulfill those oaths of divorce, even though I do not remember now the extent of the sincerity of my intention regarding the divorce. However, I know that I do not wish to divorce my wife, and there has never been any disagreement between us, and I have never pronounced divorce in her face or in her absence with the intention of divorcing her. Two years before now, Allah granted me rectitude and sincere repentance, as I rectified all my religious affairs, praise be to Allah. However, I found that the oaths I made during my ignorance, as mentioned above, stand as an obstacle in the path of the relationship between me and my wife. For this reason, I have cut off relations with her for more than a year, until I obtain your fatwa on these oaths and the extent of the impact of the relationship on our marriage. I ask you to issue a fatwa to me on these two subjects.
A: First : If the reality of the kinship between you and your wife is as you described, then your marriage to her is in accordance with the Shari'ah; because her being the daughter of your maternal aunt, the sister of your brother on the maternal side, and the daughter of the one who was your father's wife from another man is a kinship
that does not prevent your marriage to her in the Shari'ah; due to the absence of a text forbidding her, and the original ruling is permissibility. Second: If the reality from you is as you described regarding your swearing oaths of divorce, twice and three times, to do such and such or not to do it, and then you did not fulfill them, rather you broke your oaths, and you did not intend by that oath the divorce of your wife, but rather you intended to urge the action or prevent it - then upon you is the expiation of an oath for every instance of your breaking your oath, which is: feeding ten poor people, or clothing them, or freeing a slave. It suffices for you to distribute five sa' (a dry measure of about 3 kg) of wheat, rice, corn, or the like of what you feed your family, among ten poor people, each poor person receiving half a sa', and this is for every instance of your breaking your oath. And if you are unable to do so, then upon you is fasting for three days for every oath. And if you do not know the number of times, then strive to estimate that and pay the expiations according to what is most likely in your opinion regarding the number. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have a question and I hope to find a satisfactory answer from your eminence, and that you give it your attention. It consists of two parts, but the subject is one. The first part: I married a woman who is the sister of one of my brothers on the maternal side. My brother mentioned is older than me in age, as the nature of the kinship is that my father previously married this girl's mother and had my older brother mentioned from her, then he divorced her and she married another man who had this girl from her. As for me, I am from another mother, and my mother is a sister to this girl's mother on both the paternal and maternal sides, as my father married them one after the other. Thus, the girl's mother is my maternal aunt. Despite my lack of conviction in the legitimacy of the marriage, I resorted to several judges seeking a fatwa on the permissibility of this marriage, but I was informed that it is permissible. Nevertheless, doubt still
lingers in me, even though I now have four children from this girl. The second part: I married this girl at a young age, and in truth, I was not careful about my religious affairs at that time, as I was negligent in matters of prayer without resorting to anything forbidden in any way. During that period, I would swear oaths of divorce in various occasions, twice and three times, without counting, and then I would not fulfill those oaths of divorce, even though I do not remember now the extent of the sincerity of my intention regarding the divorce. However, I know that I do not wish to divorce my wife, and there has never been any disagreement between us, and I have never pronounced divorce in her face or in her absence with the intention of divorcing her. Two years before now, Allah granted me rectitude and sincere repentance, as I rectified all my religious affairs, praise be to Allah. However, I found that the oaths I made during my ignorance, as mentioned above, stand as an obstacle in the path of the relationship between me and my wife. For this reason, I have cut off relations with her for more than a year, until I obtain your fatwa on these oaths and the extent of the impact of the relationship on our marriage. I ask you to issue a fatwa to me on these two subjects.
A: First : If the reality of the kinship between you and your wife is as you described, then your marriage to her is in accordance with the Shari'ah; because her being the daughter of your maternal aunt, the sister of your brother on the maternal side, and the daughter of the one who was your father's wife from another man is a kinship
that does not prevent your marriage to her in the Shari'ah; due to the absence of a text forbidding her, and the original ruling is permissibility. Second: If the reality from you is as you described regarding your swearing oaths of divorce, twice and three times, to do such and such or not to do it, and then you did not fulfill them, rather you broke your oaths, and you did not intend by that oath the divorce of your wife, but rather you intended to urge the action or prevent it - then upon you is the expiation of an oath for every instance of your breaking your oath, which is: feeding ten poor people, or clothing them, or freeing a slave. It suffices for you to distribute five sa' (a dry measure of about 3 kg) of wheat, rice, corn, or the like of what you feed your family, among ten poor people, each poor person receiving half a sa', and this is for every instance of your breaking your oath. And if you are unable to do so, then upon you is fasting for three days for every oath. And if you do not know the number of times, then strive to estimate that and pay the expiations according to what is most likely in your opinion regarding the number. 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.