The first husband of a mother is a mahram to her daughters from a second husband
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Question: The brother A. N. M. from Riyadh says in his question: A man married a woman and had a son from her, then he divorced her. After a period of time, the woman married another man and had two daughters from him. Is it permissible for the two daughters to uncover themselves before their mother’s first husband, who is the father of their maternal brother? Please advise us, and may Allah reward you.
Answer: If a man marries a woman and has intercourse with her, and intercourse is defined as sexual relations, then he divorces her, and she marries another man and has daughters from him, then they are mahram to their mother’s first husband. This is based on the saying of Allah, Glorified and Exalted is He, in explaining the prohibited categories in marriage in Surat al-Nisa:[An-Nisa 4:23] the verse [al-Nisa: 23]. As for His saying, Glorified is He: [An-Nisa 4:23], it is a description of the majority case, and it is not a condition according to the scholars. This is because Allah, Glorified and Exalted is He, said: [An-Nisa 4:23], and He did not say, Glorified is He: “If they are not in your bosoms, then there is no blame on you.” And because the Prophet (peace and blessings be upon him) said to his wives: Sunan Abi Dawud 2056Sahih (Al-Albani). Likewise, the daughters of wives with whom intercourse has taken place, if they are from a previous husband, their ruling is the ruling of daughters born from a husband after separation and intercourse. And success is from Allah.
Answer: If a man marries a woman and has intercourse with her, and intercourse is defined as sexual relations, then he divorces her, and she marries another man and has daughters from him, then they are mahram to their mother’s first husband. This is based on the saying of Allah, Glorified and Exalted is He, in explaining the prohibited categories in marriage in Surat al-Nisa:
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.
وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُمْ مِنْ نِسَائِكُمُ اللَّاتِي دَخَلْتُمْ بِهِنَّ فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلا جُنَاحَ عَلَيْكُمْunder your guardianship [born] of your wives
اللَّاتِي فِي حُجُورِكُمْ مِنْ نِسَائِكُمُBut if you have not gone in unto them, there is no sin upon you.
فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلا جُنَاحَ عَلَيْكُمْSo do not present to me your daughters and your sisters.
لا تعرضن علي بناتكن ولا أخواتكن...
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.