Does a man marry his wife's sister if he divorces her while she is in the waiting period?
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Question: If a man has a wife and divorces her, is it permissible for him to marry her sister while she is in the waiting period? And if she dies, is it permissible for him to marry her sister immediately? Please inform us, may Allah reward you.
Answer: If a man divorces his wife, he is not permitted to marry her sister, her paternal aunt, or her maternal aunt, unless the waiting period has ended, if it is a revocable divorce. This is by the consensus of the Muslims, because a woman in a revocable divorce is still a wife. However, if it is an irrevocable divorce, such as if the final divorce is the third, or if he divorced her in exchange for money and she is the one who sought divorce, there is scholarly disagreement in this matter. But the stronger position is that he does not marry her until the waiting period of her sister, or her sister's daughter, or her brother's daughter has ended.
As for if she dies, there is nothing wrong with marrying her sister, her paternal aunt, or her maternal aunt immediately, even if it is one or two days after her death. This is because the marriage ended by death. So in this case, there is no blame on him for marrying her sister, her paternal aunt, or her maternal aunt immediately from the time the wife died.
Answer: If a man divorces his wife, he is not permitted to marry her sister, her paternal aunt, or her maternal aunt, unless the waiting period has ended, if it is a revocable divorce. This is by the consensus of the Muslims, because a woman in a revocable divorce is still a wife. However, if it is an irrevocable divorce, such as if the final divorce is the third, or if he divorced her in exchange for money and she is the one who sought divorce, there is scholarly disagreement in this matter. But the stronger position is that he does not marry her until the waiting period of her sister, or her sister's daughter, or her brother's daughter has ended.
As for if she dies, there is nothing wrong with marrying her sister, her paternal aunt, or her maternal aunt immediately, even if it is one or two days after her death. This is because the marriage ended by death. So in this case, there is no blame on him for marrying her sister, her paternal aunt, or her maternal aunt immediately from the time the wife died.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
