The father's wife with whom he did not consummate the marriage, in relation to his sons
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Fatwa number ( 19619 )
Q: My father married a woman and concluded a valid marriage contract with her, but
he did not have sexual relations with her. After that, a dispute arose between them that led to divorce, and she married another man. She is now uncovering herself in front of us, the sons of the first husband, but she mentions that her husband tells her it is not permissible. She requests a ruling on this matter. She then gave birth to a daughter. Is this daughter permitted to uncover herself in front of my father, who previously married her mother, or not? Also, a man married a woman and had sons with her. Then a dispute arose between them, and that wife was divorced and married another man. This wife gave birth to daughters from the other husband. Are these daughters permitted to uncover themselves in front of the man who previously married their mother, or not? Likewise, a man married a woman and had sexual relations with her, but then divorced her and did not have any children from her. She married and gave birth to sons and daughters. He married the daughters of this woman. Are these daughters permitted to uncover themselves in front of their mother's former husband, or not? We hope for your answer to these questions, and that it be an independent answer so that it can be given to everyone concerned with this fatwa. We are waiting. May Allah protect you.
A: The mere marriage contract of a father or grandfather, however high up the lineage, with a woman makes her forbidden to his sons and his sons' sons, however far down the lineage, and she is considered in the status of a father's wife, even if he did not have sexual relations with her or seclusion with her. This is due to the generality of the saying of Allah the Exalted:
[An-Nisa 4:22] , and accordingly, it is permissible for her to uncover herself in front of her husband's sons and her husband's sons' sons, however far down the lineage. As for the daughters of this woman whom your father contracted to marry but did not consummate the marriage with, they are strangers to your father; it is not permissible for them to uncover themselves in front of him. This is because Allah forbade stepdaughters and conditioned their prohibition on having sexual relations with their mother, in the saying of Allah the Exalted: [An-Nisa 4:23] . By "sexual relations" is meant intercourse. Accordingly, it is permissible for him to marry one of her daughters. However, if this man had sexual relations with this woman, then her daughters are his stepdaughters, and it is forbidden for him to marry any of them, and it is permissible for them to uncover themselves in front of him due to the aforementioned verse. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father married a woman and concluded a valid marriage contract with her, but
he did not have sexual relations with her. After that, a dispute arose between them that led to divorce, and she married another man. She is now uncovering herself in front of us, the sons of the first husband, but she mentions that her husband tells her it is not permissible. She requests a ruling on this matter. She then gave birth to a daughter. Is this daughter permitted to uncover herself in front of my father, who previously married her mother, or not? Also, a man married a woman and had sons with her. Then a dispute arose between them, and that wife was divorced and married another man. This wife gave birth to daughters from the other husband. Are these daughters permitted to uncover themselves in front of the man who previously married their mother, or not? Likewise, a man married a woman and had sexual relations with her, but then divorced her and did not have any children from her. She married and gave birth to sons and daughters. He married the daughters of this woman. Are these daughters permitted to uncover themselves in front of their mother's former husband, or not? We hope for your answer to these questions, and that it be an independent answer so that it can be given to everyone concerned with this fatwa. We are waiting. May Allah protect you.
A: The mere marriage contract of a father or grandfather, however high up the lineage, with a woman makes her forbidden to his sons and his sons' sons, however far down the lineage, and she is considered in the status of a father's wife, even if he did not have sexual relations with her or seclusion with her. This is due to the generality of the saying of Allah the Exalted:
And do not marry those [women] whom your fathers married
وَلاَ تَنْكِحُوا مَا نَكَحَ آبَاؤُكُمْ مِنَ النِّسَاءِand your step-daughters under your guardianship [born] of your wives unto whom you have gone in. But if you have not gone in unto them, there is no sin upon you.
وَرَبَائِبُكُمُ اللاتِي فِي حُجُورِكُمْ مِنْ نِسَائِكُمُ اللاتِي دَخَلْتُمْ بِهِنَّ فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلا جُنَاحَ عَلَيْكُمْ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.