What is the ruling on a man marrying his stepdaughter who is not in his custody?
Machine translationRead the Arabic original
The questioner : I would like to ask you, O Shaykh, regarding the saying of Allah the Exalted: [An-Nisa 4:23]. The question is that a man may be married to a woman who has a daughter in Syria, while he resides in Jordan. The daughter is in Syria and not in his custody. Is it permissible for him to marry her?
The Shaykh : The scholars have two opinions here. The opinion of the majority is that it is forbidden absolutely, even if she is not in his custody. The opinion of a minority of scholars, which is the opinion of 'Ali (may Allah be pleased with him), is that if she is not in his custody, it is permissible. However, the first opinion is the stronger position. Please proceed.
The questioner : You mentioned that the majority opinion is the prohibition of this marriage, and the opinion of 'Ali ibn Abi Talib is that it is permissible because she is not in his custody. Pardon me, O our Shaykh, what is your knowledge of this issue, O our Shaykh? I mean, I want to know the ruling from you, is that so?
The Shaykh : In agreement with the majority of scholars.
The questioner : With the majority, is that so?
The Shaykh : Yes, exactly.
The questioner : And based on this, we measure[An-Nisa 4:23]. A man has a son through breastfeeding, and the wife of his son through breastfeeding. Is it permissible for him to marry them? The verse is qualified by [An-Nisa 4:23]. Here is the question, O our Shaykh: Is it possible for him to marry his son's wife if his son through breastfeeding dies?
The Shaykh : Through breastfeeding?
The questioner: Yes.
The Shaykh : No. The son through breastfeeding has a ruling different from the son from the loins. The verse is explicit, as you say.
The questioner : The verse?
The Shaykh : Yes, indeed. The verse is explicit.
your step-daughters under your guardianship [born] of your wives unto whom you have gone in
وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُمْ مِنْ نِسَائِكُمُ اللَّاتِي دَخَلْتُمْ بِهِنَّThe Shaykh : The scholars have two opinions here. The opinion of the majority is that it is forbidden absolutely, even if she is not in his custody. The opinion of a minority of scholars, which is the opinion of 'Ali (may Allah be pleased with him), is that if she is not in his custody, it is permissible. However, the first opinion is the stronger position. Please proceed.
The questioner : You mentioned that the majority opinion is the prohibition of this marriage, and the opinion of 'Ali ibn Abi Talib is that it is permissible because she is not in his custody. Pardon me, O our Shaykh, what is your knowledge of this issue, O our Shaykh? I mean, I want to know the ruling from you, is that so?
The Shaykh : In agreement with the majority of scholars.
The questioner : With the majority, is that so?
The Shaykh : Yes, exactly.
The questioner : And based on this, we measure
the wives of your sons who are from your [own] loins
وَحَلائِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلابِكُمْwho are from your [own] loins
الَّذِينَ مِنْ أَصْلابِكُمْThe Shaykh : Through breastfeeding?
The questioner: Yes.
The Shaykh : No. The son through breastfeeding has a ruling different from the son from the loins. The verse is explicit, as you say.
The questioner : The verse?
The Shaykh : Yes, indeed. The verse is explicit.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.