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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Marrying a Woman After a Major Divorce to Her Aunt or Maternal Aunt

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Question:
If a woman is divorced from a man with a major divorce, is it permissible for him to marry her while she is still in the waiting period of her aunt or maternal aunt?

Answer:
There is a disagreement among the scholars of knowledge. Some say it is permissible, and this is a strong opinion because she has no relationship with him. Others say it is not permissible until the waiting period ends, and this is a matter of consideration and doubt. The opinion that it is permissible is strong if he divorced her with a revocable divorce. However, the stronger view is that it is not permissible, because this may lead to laxity and haste. It may lead people to desire the major divorce. The Lawgiver encourages the continuation of the marriage and discourages the major divorce. If it is known that it is not permissible except after the waiting period, perhaps people will adhere to the religious requirement and not be hasty. Yes.
Source شرح بلوغ المرام [ ابن باز ] [ الشرح القديم ]، بداية من أحاديث في النكاح — islamhouse.com (1:04:08)

The Arabic text is a machine transcription of the audio recording.

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