Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

If she is divorced and the waiting period has ended, they become permissible. If he marries both of them in one contract or two contracts simultaneously, both are invalid. If one of them is delayed or occurs during the waiting period of the other, whether it is a final or revocable divorce, it is invalid.

Machine translationRead the Arabic original
The Shaykh : He (may Allah have mercy on him) says: "If she is divorced", meaning the woman, "and the waiting period has ended, they become permissible". To whom does the pronoun in "they become permissible" refer? It refers to the wife's sister, her paternal aunt, and her maternal aunt. If the waiting period has ended, "if he marries both of them in one contract or two contracts simultaneously, both are invalid". If he marries both of them, meaning two sisters, in one contract, for example, if their father says, "I have married you to my two daughters," and he says, "I accept," what is the ruling on the marriage?

The questioner : Invalid.

The Shaykh : In the case of two contracts, or should they draw lots?

The questioner : In the case of two contracts.

The Shaykh : Huh?

The questioner : In the case of two contracts.

The Shaykh : In the case of two contracts. All right, my intention in saying "in two contracts" means regarding the two sisters. Marrying both of them in two contracts simultaneously is also invalid. But how can he marry both of them in two contracts simultaneously? Is that conceivable? The scholars have only mentioned something that is conceivable, even if it is remote.

The questioner : That one person appoints an agent to conclude the contract for him...

The Shaykh : Yes, that is correct. He says to so-and-so, "I have appointed you to accept the marriage contract for me regarding so-and-so's daughter, Zaynab, for example." Then he goes to so-and-so's agent to marry his daughter, Fatimah, and it happens that the offer from each party and the acceptance occur at the same time. The scenario is difficult and remote, but it is possible. We say that both contracts are not valid; they are invalid.
"If one of them is delayed or occurs during the waiting period of the other, whether it is a final or revocable divorce, it is invalid". Which one is invalid?

The questioner : The last one.

The Shaykh : The latter. As for the former, it is not. And Allah knows best. Yes?
Source alathar.net

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

Similar fatwas