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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Discussion regarding the ruling on a man proposing to his brother’s fiancée.

Machine translationRead the Arabic original
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful
The author (may Allah have mercy on him) said: “Chapter: And its pillars”, meaning the pillars of “the two spouses who are free from impediments”. We have previously explained the ruling on a man proposing to his brother’s fiancée, and we said that it is forbidden because the Prophet (peace and blessings be upon him) prohibited it. However, it is permissible if he was rejected, or if permission was granted, or if he abandoned the proposal. If he was rejected by the family of the woman, or if they gave permission to the second suitor, or if he abandoned it—meaning we know that he abandoned the proposal—the scholars differed on what happens if it is unknown, if it is unknown whether he was rejected or accepted. What is the school of thought?

The questioner : Permissible.

The Shaykh : That the proposal is permissible, and the correct view is that it is not permissible, because he proposed and thus became more entitled to her than others. Now, if it is unknown that she is already engaged, such as if a man heard someone talking about her but he does not know whether he proceeded with the proposal or not, is it permissible?

The questioner : Yes.

The Shaykh : Yes, it is permissible, because the original state is that he has not proposed.
Source alathar.net

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

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