Is it permissible for a man to marry the sister of his wife whom he divorced before she completed her waiting period, or is it not?
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The questioner : She has a final question, asking whether it is permissible for a man to marry the sister of his wife whom he divorced before she completed her waiting period, or whether it is not permissible?
The Shaykh : It is not permissible for a man to marry the sister of his wife whom he divorced until the waiting period ends. This is because the divorced woman, if she is in a revocable divorce, is in the status of a wife except for what is excluded. If she is not in a revocable divorce, then some of the ties of her marriage to the husband who divorced her remain, so it is not permissible for him to marry her sister. However, we must know what the difference is between a revocable divorce and a non-revocable one. A revocable divorce is one where the husband has the right to take her back without a new contract. A non-revocable divorce is one where he does not have the right to take her back except with a new contract. Then, if she is divorced from him with three divorces, he does not have the right to take her back except with a new contract after she marries another man and he has intercourse with her, then he separates from her and her waiting period ends. Then she becomes lawful for the first husband with a new contract. But it must be that the second man’s marriage to her is a marriage of desire, not a marriage of facilitation. If it is a marriage of facilitation, it is invalid and does not make her lawful for her first husband.
An example of this is a man who divorced his wife three times, so she does not become lawful for him until she marries another man and he has intercourse with her and then separates from her. One of his friends saw him regretting it and wanted to do him a favor, in his opinion, so he married the woman he had divorced three times with the intention that if he had intercourse with her, he would divorce her so she would become lawful for the first husband. Then he had intercourse with her and then divorced her. In this case, she does not become lawful for the first husband because the second man’s marriage to her is a defective marriage since it was intended for facilitation. It was narrated from the Prophet (peace and blessings be upon him) that he cursed the one who facilitates and the one for whom it is facilitated.
And the summary of the answer is that we say it is not lawful for a man to marry the sister of his wife if he divorced her until her waiting period ends. If someone asks, “Is it forbidden for a person to combine his wife with another woman other than her sister?” we say, yes, he does not combine her with her paternal aunt or her maternal aunt. As for her mother and her grandmothers, meaning the wife’s mother and her grandmothers, they are forbidden to him permanently; they do not become lawful for him even if he divorced the daughter. Likewise, the wife’s daughters, the daughters of her daughters, and the daughters of her sons do not become lawful for the husband if he has had intercourse with his wife who is their mother or grandmother. The meaning of our saying “he has had intercourse with her” is that he had sexual relations with her. Because the descendants of the woman, meaning the descendants of the wife, are forbidden to the husband if he has had intercourse with their mother. If he contracted a marriage with her but did not have intercourse with her, then divorced her, and she married another man, then her daughters from the other husband are lawful for him. Because Allah the Exalted said:[An-Nisa 4:23] He said this is in the context of those who are forbidden permanently [An-Nisa 4:23]. Yes.
The questioner : May Allah reward you, O honorable Shaykh, and may Allah bless you and your knowledge and benefit the Muslims with you.
O my beloved brothers.
The Shaykh : It is not permissible for a man to marry the sister of his wife whom he divorced until the waiting period ends. This is because the divorced woman, if she is in a revocable divorce, is in the status of a wife except for what is excluded. If she is not in a revocable divorce, then some of the ties of her marriage to the husband who divorced her remain, so it is not permissible for him to marry her sister. However, we must know what the difference is between a revocable divorce and a non-revocable one. A revocable divorce is one where the husband has the right to take her back without a new contract. A non-revocable divorce is one where he does not have the right to take her back except with a new contract. Then, if she is divorced from him with three divorces, he does not have the right to take her back except with a new contract after she marries another man and he has intercourse with her, then he separates from her and her waiting period ends. Then she becomes lawful for the first husband with a new contract. But it must be that the second man’s marriage to her is a marriage of desire, not a marriage of facilitation. If it is a marriage of facilitation, it is invalid and does not make her lawful for her first husband.
An example of this is a man who divorced his wife three times, so she does not become lawful for him until she marries another man and he has intercourse with her and then separates from her. One of his friends saw him regretting it and wanted to do him a favor, in his opinion, so he married the woman he had divorced three times with the intention that if he had intercourse with her, he would divorce her so she would become lawful for the first husband. Then he had intercourse with her and then divorced her. In this case, she does not become lawful for the first husband because the second man’s marriage to her is a defective marriage since it was intended for facilitation. It was narrated from the Prophet (peace and blessings be upon him) that he cursed the one who facilitates and the one for whom it is facilitated.
And the summary of the answer is that we say it is not lawful for a man to marry the sister of his wife if he divorced her until her waiting period ends. If someone asks, “Is it forbidden for a person to combine his wife with another woman other than her sister?” we say, yes, he does not combine her with her paternal aunt or her maternal aunt. As for her mother and her grandmothers, meaning the wife’s mother and her grandmothers, they are forbidden to him permanently; they do not become lawful for him even if he divorced the daughter. Likewise, the wife’s daughters, the daughters of her daughters, and the daughters of her sons do not become lawful for the husband if he has had intercourse with his wife who is their mother or grandmother. The meaning of our saying “he has had intercourse with her” is that he had sexual relations with her. Because the descendants of the woman, meaning the descendants of the wife, are forbidden to the husband if he has had intercourse with their mother. If he contracted a marriage with her but did not have intercourse with her, then divorced her, and she married another man, then her daughters from the other husband are lawful for him. Because Allah the Exalted said:
and your step-daughters under your guardianship [born] of your wives unto whom you have gone in. But if you have not gone in unto them, there is no sin upon you.
وَرَبائِبُكُمُ اللّاتي في حُجورِكُم مِن نِسائِكُمُ اللّاتي دَخَلتُم بِهِنَّ فَإِن لَم تَكونوا دَخَلتُم بِهِنَّ فَلا جُناحَ عَلَيكُمand your step-daughters under your guardianship [born] of your wives unto whom you have gone in. But if you have not gone in unto them, there is no sin upon you.
وَرَبائِبُكُمُ اللّاتي في حُجورِكُم مِن نِسائِكُمُ اللّاتي دَخَلتُم بِهِنَّ فَإِن لَم تَكونوا دَخَلتُم بِهِنَّ فَلا جُناحَ عَلَيكُمThe questioner : May Allah reward you, O honorable Shaykh, and may Allah bless you and your knowledge and benefit the Muslims with you.
O my beloved brothers.