Chapter: And it is forbidden for a limited period to marry the sister of his wife in her waiting period, the sister of his wife, their daughters, their paternal aunts, and their maternal aunts
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The Shaykh : Then he said "Chapter", and this chapter was composed by the author (may Allah have mercy on him) for the second type of prohibited women, because the first type is those prohibited forever, and these are those prohibited for a limited period, meaning they are prohibited in a specific state or at a specific time.
He says "It is forbidden for a limited period to marry the sister of his wife in her waiting period", meaning the sister of his wife who is in her waiting period from him. An example of this is a man who divorced his wife so he could marry her sister; if he then wanted to marry both his sister-in-law and his divorced wife while she is still in her waiting period, we say this is not permissible. Why? Because the sister of his wife in her waiting period has not yet become lawful for him. When does she become lawful? When the waiting period ends. Likewise, the sister of his wife. Now, is the woman in the waiting period his wife or someone else? She is his wife, but his intention in the second clause is the sister of his wife who is in his possession, whom he has not divorced, whereas the woman in the waiting period is his wife whom he has divorced. If the author (may Allah have mercy on him) had said "the sister of his wife as long as she has not been divorced from him," it would have been clearer. Now, "and their daughters" means the daughter of his wife's sister and the daughter of his wife in her waiting period's sister. The evidence for this is—no, before that—"and their paternal aunts" means the paternal aunt of his wife in her waiting period and the paternal aunt of his wife, and their maternal aunts means the maternal aunt of his wife in her waiting period and the maternal aunt of his wife. The evidence is the saying of Allah the Exalted[An-Nisa 4:23] and the saying of the Prophet (peace and blessings be upon him) Sahih Muslim 1408a.
And the author's (may Allah have mercy on him) statement "It is forbidden for a limited period" contains a degree of leniency, because the sister of his wife is not forbidden to him as long as his wife is with him. What is forbidden is combining them, as Allah the Exalted said[An-Nisa 4:23] and as the Prophet (peace and blessings be upon him) said Sahih Muslim 1408a. So when we say a woman is forbidden, it is not because Allah forbade her, but because Allah forbade what? Combining them. Now, the women between whom combining is forbidden are, first, sisters, the evidence being the saying of Allah the Exalted [An-Nisa 4:23]. Second, the paternal aunt and her brother's daughter, based on the saying of the Prophet (peace and blessings be upon him) Sahih Muslim 1408a. Third, the woman and her sister's daughter, based on the saying Sunan Abi Dawud 2066Sahih (Al-Albani). Now, there is no fourth category, and on this basis, it is permissible to combine the two daughters of a paternal uncle, correct?
The questioner : Yes.
The Shaykh : The two daughters of a paternal uncle.
The questioner : Yes.
The Shaykh : Are they combined?
The questioner : Yes.
The Shaykh : Now, is it permissible to combine the paternal aunt and her brother's daughter?
The questioner : No.
The Shaykh : No. So all relatives may be combined except the sister, the paternal aunt, and the maternal aunt. If you wish, you can reverse it and say that those between whom combining is forbidden are the sister, the paternal aunt, and the maternal aunt, and that is the end of it. Is that clear, everyone? So how many categories are there of those between whom combining is forbidden?
The questioner : Three.
The Shaykh : Three: sisters, the paternal aunt and her brother's daughter, and the maternal aunt and her sister's daughter. Yes, now.
He says "It is forbidden for a limited period to marry the sister of his wife in her waiting period", meaning the sister of his wife who is in her waiting period from him. An example of this is a man who divorced his wife so he could marry her sister; if he then wanted to marry both his sister-in-law and his divorced wife while she is still in her waiting period, we say this is not permissible. Why? Because the sister of his wife in her waiting period has not yet become lawful for him. When does she become lawful? When the waiting period ends. Likewise, the sister of his wife. Now, is the woman in the waiting period his wife or someone else? She is his wife, but his intention in the second clause is the sister of his wife who is in his possession, whom he has not divorced, whereas the woman in the waiting period is his wife whom he has divorced. If the author (may Allah have mercy on him) had said "the sister of his wife as long as she has not been divorced from him," it would have been clearer. Now, "and their daughters" means the daughter of his wife's sister and the daughter of his wife in her waiting period's sister. The evidence for this is—no, before that—"and their paternal aunts" means the paternal aunt of his wife in her waiting period and the paternal aunt of his wife, and their maternal aunts means the maternal aunt of his wife in her waiting period and the maternal aunt of his wife. The evidence is the saying of Allah the Exalted
and that you take [in marriage] two sisters simultaneously
وَأَنْ تَجْمَعُوا بَيْنَ الْأُخْتَيْنِOne should not combine a woman and her father's sister, nor a woman and her mother's sister in marriage.
لا يُجمع بين المرأة وعمتها ولا بين المرأة وخالتهاAnd the author's (may Allah have mercy on him) statement "It is forbidden for a limited period" contains a degree of leniency, because the sister of his wife is not forbidden to him as long as his wife is with him. What is forbidden is combining them, as Allah the Exalted said
and that you take [in marriage] two sisters simultaneously
وَأَنْ تَجْمَعُوا بَيْنَ الْأُخْتَيْنِOne should not combine a woman and her father's sister, nor a woman and her mother's sister in marriage.
لا يُجمع بين المرأة وعمتها ولا بين المرأة وخالتهاand that you take [in marriage] two sisters simultaneously
وَأَنْ تَجْمَعُوا بَيْنَ الْأُخْتَيْنِOne should not combine a woman and her father's sister
لا يُجمع بين المرأة وعمتهاa woman and her maternal aunt
لا يُجمع بين المرأة وخالتهاThe questioner : Yes.
The Shaykh : The two daughters of a paternal uncle.
The questioner : Yes.
The Shaykh : Are they combined?
The questioner : Yes.
The Shaykh : Now, is it permissible to combine the paternal aunt and her brother's daughter?
The questioner : No.
The Shaykh : No. So all relatives may be combined except the sister, the paternal aunt, and the maternal aunt. If you wish, you can reverse it and say that those between whom combining is forbidden are the sister, the paternal aunt, and the maternal aunt, and that is the end of it. Is that clear, everyone? So how many categories are there of those between whom combining is forbidden?
The questioner : Three.
The Shaykh : Three: sisters, the paternal aunt and her brother's daughter, and the maternal aunt and her sister's daughter. Yes, now.