What is the ruling on marrying the daughter of a woman with whom a marriage contract was concluded but with whom he did not have intercourse?
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The questioner:
If a marriage contract was concluded with the mother but he did not have intercourse with her, is she forbidden?
The Shaykh:
And what do you mean? He says: If a marriage contract was concluded with the mother but he did not have intercourse with her. How do you say "have intercourse with her" with the fathah? Yes, pronounce it correctly. "Did not have intercourse with her," not "did not purify her." "Have intercourse with her" with the jazm, yes.
The questioner:
May Allah reward you. He did not have intercourse with her, so what is the ruling on the daughter in this case?
The Shaykh:
What is it? He says: If a marriage contract was concluded with the mother, and he did not enter with her. Allah, Glorified and Exalted is He, says: "And your stepdaughters in your care, with whom you have had intercourse[An-Nisa 4:23]." So if he is alone with her mother, the daughter is forbidden to him, whether he had intercourse with the mother or not. The seclusion is what is meant by "with whom you have had intercourse," yes.
If a marriage contract was concluded with the mother but he did not have intercourse with her, is she forbidden?
The Shaykh:
And what do you mean? He says: If a marriage contract was concluded with the mother but he did not have intercourse with her. How do you say "have intercourse with her" with the fathah? Yes, pronounce it correctly. "Did not have intercourse with her," not "did not purify her." "Have intercourse with her" with the jazm, yes.
The questioner:
May Allah reward you. He did not have intercourse with her, so what is the ruling on the daughter in this case?
The Shaykh:
What is it? He says: If a marriage contract was concluded with the mother, and he did not enter with her. Allah, Glorified and Exalted is He, says: "And your stepdaughters in your care, with whom you have had intercourse
unto whom you have gone in. But if you have not gone in unto them, there is no sin upon you
اللَّاتِي دَخَلْتُم بِهِنَّ فَإِن لَّمْ تَكُونُوا دَخَلْتُم بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم الزواج من الابنة التي عقد على أمها ولم يطئها؟ للشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
