The Marriage Contract
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Question: A man contracted marriage with a woman and then divorced her before consummating the marriage. Is it permissible for his son to marry her?
Answer: It is not permissible for the son to marry the woman with whom his father contracted marriage and divorced before consummation,Because Allah, Glorified and Exalted is He, says: [Surat al-Nisa: 22] , and this applies to the contract even if he did not consummate the marriage,
so your father’s wife is forbidden to you by virtue of his contracting marriage with her,Whether he consummated the marriage or not, due to the generality of the verse: [Surat al-Nisa: 22] .
Question: Suppose the situation were reversed: the son contracted marriage with a woman but did not consummate it. Would it be permissible for his father to marry her?
Answer: The same applies in reverse; the father is not permitted to marry the woman with whom his son contracted marriage, whether he consummated the marriage or not,Due to the generality of His saying, the Exalted: [Surat al-Nisa: 23] , and consummation is not a condition for her prohibition.
Answer: It is not permissible for the son to marry the woman with whom his father contracted marriage and divorced before consummation,Because Allah, Glorified and Exalted is He, says:
And do not marry those [women] whom your fathers married
وَلَا تَنْكِحُوا مَا نَكَحَ آبَاؤُكُمْ مِنَ النِّسَاءِso your father’s wife is forbidden to you by virtue of his contracting marriage with her,Whether he consummated the marriage or not, due to the generality of the verse:
And do not marry those [women] whom your fathers married, except what has already occurred. Indeed, it was an immorality and hateful [to Allah] and was evil as a way.
وَلَا تَنْكِحُوا مَا نَكَحَ آبَاؤُكُمْ مِنَ النِّسَاءِ إِلَّا مَا قَدْ سَلَفَ إِنَّهُ كَانَ فَاحِشَةً وَمَقْتًا وَسَاءَ سَبِيلًاQuestion: Suppose the situation were reversed: the son contracted marriage with a woman but did not consummate it. Would it be permissible for his father to marry her?
Answer: The same applies in reverse; the father is not permitted to marry the woman with whom his son contracted marriage, whether he consummated the marriage or not,Due to the generality of His saying, the Exalted: