The Ruling on the Stepdaughter and Whether It Is Required That She Be in Custody

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The Honorable Shaykh, first: We ask Allah to reward you and grant you recompense for providing this opportunity to your sons and brothers.

The second matter: My question has two parts: Regarding the stepdaughter, is it required, according to the correct opinion, that she be in custody, or not?

The correct opinion: The prohibition of the stepdaughter is not conditioned on her being in custody.His saying, may He be Exalted, clarifies that:

your step-daughters under your guardianship [born] of your wives unto whom you have gone in

وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُمْ مِنْ نِسَائِكُمُ اللَّاتِي دَخَلْتُمْ بِهِنَّ

[Al-Nisa: 23] Allah mentioned two descriptions: (those in your custody) the second: (of your wives with whom you have had intercourse) then He said:

But if you have not gone in unto them, there is no sin upon you.

فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلا جُنَاحَ عَلَيْكُمْ

[Al-Nisa: 23] and He was silent regarding the first condition, which indicates that the first condition is not considered, but rather it is a predominant condition.Meaning: Based on the fact that it is the norm for the stepdaughter to be with her mother in the husband's custody, this is why the majority of scholars, which is the stronger opinion, hold that it is not required for the stepdaughter to be in a person's custody. Rather, even if she did not come until after he divorced her mother, she is still a stepdaughter, provided he had intercourse with the mother. Even if she were, for example, from a previous husband and did not know the second husband or was not with him, she is still forbidden to him.

But here is a question: A man contracted a valid marriage with a woman and entered upon her, secluded himself with her, and enjoyed her with what is less than intercourse, then divorced her. Is it permissible for him to marry her daughter? And is her daughter forbidden to him?Answer: It is permissible.Because he said:

But if you have not gone in unto them

فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ

[Al-Nisa: 22] meaning: you had intercourse with them

there is no blame upon you

فَلا جُنَاحَ عَلَيْكُمْ

[Al-Nisa: 23] and on this basis, this daughter,I mean: the daughter of the divorced woman with whom her husband secluded himself but did not have intercourse with, is lawful for him in terms of marriage; he is allowed to marry her. She does not have to cover herself from him because she is not one of his mahram relatives. This issue may be obscure to many people; they think that if he contracted marriage with her, secluded himself with her, and treated her with what is less than intercourse, her daughter becomes forbidden to him and that he becomes a mahram to her, but that is not the case.

Source shamela.ws

The Arabic text is copied verbatim from the original source, without any edits.

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