The Ruling on Marrying the Daughter from Zina

The questioner : A man committed zina with a woman, and it was known that she became pregnant from him and gave birth. The woman raised this daughter. After many years had passed, the daughter from the zina became a young woman, and he wanted to marry her.

The Shaykh : It is not permissible for him.

The questioner : It is not permissible for him.

The Shaykh : There are two opinions regarding this issue: The Hanafis say what I have heard, and the Shafi'is permit a man to marry his daughter from zina. This is an error; because the Wise Lawgiver has forbidden a man from marrying his daughter through breastfeeding merely because she breastfed five times or more from the milk of his wife. This milk is the cause for the formation of milk in the breast of the nursing woman. So how would the Wise Lawgiver permit a man to marry his daughter, who is directly from his loins without the intermediary of the mother's milk? Therefore, the opinion of the Hanafis here is closer to the truth than the opinion of the Shafi'is, who stopped at a rule that is correct in general, but its application is not valid here for the reasons we mentioned. That rule states: "The forbidden does not make the lawful forbidden." He committed zina with the woman, so there is no text forbidding him from marrying this daughter. So we apply the rule: the fact that he committed zina with her mother does not forbid the daughter. And you have understood the answer.