Is a man's daughter from fornication forbidden to him?
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The questioner : In this country, a man who married a woman there, where the contract was not lawful, there was no guardian, or the contract was not completed validly, and children were born between them. What I recall, my Shaykh, is that if it is a daughter, she is not forbidden to him, and the reverse is the case.
The Shaykh : If it is?
The questioner : If children were born between them as a result of this invalid contract, and for example a daughter came to him, is she not forbidden to him? Is that correct, or am I mistaken?
The Shaykh : No, you are mistaken.
The questioner : Certainly.
The Shaykh : Because here there are two schools of jurisprudence.
The questioner: Yes.
The Shaykh : The Hanafi school holds that the unlawful water has the status of prohibition, unlike the Shafi'i school. The Shafi'is permit a man to marry his daughter from fornication, whereas the Hanafis say: No. Therefore, it is better that if there is a suspicion of marriage, this daughter has a greater status of prohibition. The important point is that we see the opposite of what you think.
The questioner : Okay, my Shaykh, what is the issue that when you were asked about it, you would say to them, for example, "they preferred the child to the shelter," or a phrase like that?
The Shaykh : The son of fornication, or the daughter of fornication.
The questioner : The son of fornication or the daughter of fornication! Okay, my Shaykh, for example, if a son of fornication was breastfed by her, does he become a mahram to her?
The Shaykh : But where does the milk come from?
The questioner : From him!
The Shaykh : From the fornicator!
The questioner : Yes, is it permissible for the father to marry the daughter of fornication?
The Shaykh: No.
The questioner : No, likewise. So then we distinguish.
The Shaykh : This is what we said: the water of the forbidden man has his status of prohibition, just as if it were lawful, contrary to the Shafi'is.
The questioner: Yes.
The Shaykh: Is it clear?
The questioner : This has been clarified.
The Shaykh : If it is?
The questioner : If children were born between them as a result of this invalid contract, and for example a daughter came to him, is she not forbidden to him? Is that correct, or am I mistaken?
The Shaykh : No, you are mistaken.
The questioner : Certainly.
The Shaykh : Because here there are two schools of jurisprudence.
The questioner: Yes.
The Shaykh : The Hanafi school holds that the unlawful water has the status of prohibition, unlike the Shafi'i school. The Shafi'is permit a man to marry his daughter from fornication, whereas the Hanafis say: No. Therefore, it is better that if there is a suspicion of marriage, this daughter has a greater status of prohibition. The important point is that we see the opposite of what you think.
The questioner : Okay, my Shaykh, what is the issue that when you were asked about it, you would say to them, for example, "they preferred the child to the shelter," or a phrase like that?
The Shaykh : The son of fornication, or the daughter of fornication.
The questioner : The son of fornication or the daughter of fornication! Okay, my Shaykh, for example, if a son of fornication was breastfed by her, does he become a mahram to her?
The Shaykh : But where does the milk come from?
The questioner : From him!
The Shaykh : From the fornicator!
The questioner : Yes, is it permissible for the father to marry the daughter of fornication?
The Shaykh: No.
The questioner : No, likewise. So then we distinguish.
The Shaykh : This is what we said: the water of the forbidden man has his status of prohibition, just as if it were lawful, contrary to the Shafi'is.
The questioner: Yes.
The Shaykh: Is it clear?
The questioner : This has been clarified.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.