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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on marrying a man's divorced wife and his daughter from another woman

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Question: Is it permissible to marry a man's divorced wife and his daughter from another woman, and what is the ruling on the well-known principle which states: (Any two women between whom there is a kinship such that if one of them were a man, he would not be permitted to marry the other, are all forbidden to be married together)?

Answer: The scholars have stated in the chapter on prohibitions in marriage regarding these two issues, and they clarified that there is no harm in a man marrying a woman who was the wife of a man who died or divorced her, and his daughter from another woman. They mentioned in this regard that 'Abdullah ibn Ja'far ibn Abi Talib (may Allah be pleased with them both) married one of his uncle Ali's (may Allah be pleased with him) wives after his death, and his daughter from another woman. This combination does not contradict the mentioned principle; because there is no kinship between the two women mentioned that would prohibit marriage between them if one of them were a man. Rather, what exists between them is affinity (musaaharah), and affinity in this case does not prevent marrying them together.
As for the two women between whom there is a kinship that prevents marriage between them if one of them were a man, this is exemplified by two sisters, a woman and her maternal aunt, a woman and her paternal aunt (whether by blood or by breastfeeding), and in other issues. The Qur'anic text regarding the prohibition of marrying two sisters together came in the words of the Exalted in Surat al-Nisa:
and that you take [in marriage] two sisters simultaneouslyوَأَنْ تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ
[al-Nisa:23].
It is authentic from the Messenger of Allah (peace and blessings be upon him) from the hadith of Abu Hurayrah and Jabir ibn 'Abdullah (may Allah be pleased with them both), that he
The Messenger of Allah forbade (being married to) a woman and her paternal aunt or to a woman and her maternal aunt at the same time.نهى عن الجمع بين المرأة وعمتها والمرأة وخالتها
Sunan an-Nasa'i 3289Sahih (Darussalam)
. The Shaykhs (al-Bukhari and Muslim) narrated the hadith of Abu Hurayrah, and al-Bukhari uniquely narrated the hadith of Jabir compared to Muslim. Al-Bukhari (may Allah have mercy on him) mentioned in the Book of Marriage, in the chapter on what is lawful and forbidden among women, the athar of 'Abdullah ibn Ja'far which we mentioned, suspended with a form of certainty, and its wording is: And 'Abdullah ibn Ja'far married the daughter of Ali and the wife of Ali. Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) transmitted the permissibility of marrying a man's wife and his daughter from another woman from the four Imams and the majority of the scholars. The scholar Shaykh 'Abd al-Rahman ibn Qasim (may Allah have mercy on him) mentioned this from him in volume thirty-two of the Majmu' al-Fatawa (p. 71). Al-Hafiz Ibn Hajar transmitted in (al-Fath) the same action as 'Abdullah ibn Ja'far from a Companion named Jabalah who was appointed governor of Egypt, and he transmitted similarly by blood relation from 'Abdullah ibn Safwan ibn Umayyah.
And thus it becomes clear to you that there is no reason to hesitate regarding the permissibility of this issue; because those who mentioned it did so without objection; and because the original ruling is that it is permissible, so nothing from the private parts is forbidden except what Allah the Exalted has forbidden. Because when Allah Mighty and Majestic mentioned the prohibitions in marriage in Surat al-Nisa, He said after that:
And lawful to you are [all others] beyond theseوَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْ
[al-Nisa:24]. So it is known by this that no women are forbidden except those for which there is evidence of their prohibition. Likewise, marrying women together is not forbidden except what the Shari'ah has explicitly forbidden. It should be known that there is no difference between near and distant in the case of maternal aunts and paternal aunts. It is forbidden for a man to marry a woman and her paternal aunt, even if she is distant, and between her and her sister's daughter, even if she is distant. Likewise, it is forbidden for him to marry a woman and her maternal aunt, even if she is distant, and between the woman and her sister's daughter, even if she is distant, as the scholars have stated. The reason for this is that the paternal aunt of a man and a woman is considered the paternal aunt of their children, even if they are distant, and likewise the maternal aunt.
Source binbaz.org.sa

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

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