Am I a mahram to my ex-wife's daughter?
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Question: I married a woman and then divorced her. She later married another man and bore a daughter from that second husband. Am I a mahram to this daughter, even though I am not a mahram to her mother because I divorced her? Does the ruling apply whether the divorce was the first, second, or third? And if I am her mahram, is there definitive evidence that I may face the opposing parties in court in my presence? Please advise us, and may Allah reward you with good.
Answer: If you had sexual relations with her mother, and sexual relations means intercourse, then her daughters from husbands after you are considered stepdaughters, and they are mahram to you. This is based on the saying of Allah (Glorified and Exalted is He) in specifying the women who are prohibited: [Surat al-Nisa: 23]. And sexual relations means intercourse, as we have mentioned.
As for His saying (Glorified and Exalted is He):[An-Nisa 4:23], this is a description of the majority case and not a condition, according to the most correct of the scholars' opinions. For this reason, He said (Glorified and Exalted is He): [An-Nisa 4:23], and He did not repeat the phrase: [An-Nisa 4:23]. Also, the Prophet (peace and blessings be upon him) said to Umm Habibah (may Allah be pleased with her): Sunan Abi Dawud 2056Sahih (Al-Albani), meaning by this that he was referring to marrying them, and he did not condition it on the daughters being in their laps. And success is from Allah.
Answer: If you had sexual relations with her mother, and sexual relations means intercourse, then her daughters from husbands after you are considered stepdaughters, and they are mahram to you. This is based on the saying of Allah (Glorified and Exalted is He) in specifying the women who are prohibited:
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 عَلَيْكُمْAs for His saying (Glorified and Exalted is He):
under 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 عَلَيْكُمْunder your guardianship
اللَّاتِي فِي حُجُورِكُمْSo 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.