Ruling on a son marrying his father’s divorced wife before consummation
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Question: Here is a question from the questioner (A. T. S) who says: A man contracted marriage with a woman and then divorced her before consummating the marriage. Is it permissible for his son to marry her after his divorce?
Answer:
No. If a man divorces a woman, she becomes forbidden to all of his descendants; his sons, the sons of his sons, and the sons of his daughters; because she is the wife of their father, even if he did not consummate the marriage with her. This is because Allah did not condition [the prohibition] on consummation. He, the Exalted, said: [Surat al-Nisa: 22]. Thus, the marriage of the wives of fathers is absolutely forbidden. The father in this includes his close father, his paternal grandfather, his maternal grandfather, and all his grandfathers, both from the mother’s side and the father’s side. Their wives are forbidden to him, and he is forbidden to them in the noble verse: [Surat al-Nisa: 22]. This encompasses both the woman with whom consummation took place and the one with whom it did not. This is a point of consensus among the scholars of knowledge, with no disagreement on it.
And the reverse is the same; the wives of sons are absolutely forbidden to fathers, even if the son did not consummate the marriage with her. If a man marries a woman and then dies before consummating the marriage, or divorces her before consummating the marriage, she becomes forbidden to his fathers and all his grandfathers. This is because Allah said: [Surat al-Nisa: 23], and He did not say: “those with whom you have consummated.” Yes.
Answer:
No. If a man divorces a woman, she becomes forbidden to all of his descendants; his sons, the sons of his sons, and the sons of his daughters; because she is the wife of their father, even if he did not consummate the marriage with her. This is because Allah did not condition [the prohibition] on consummation. He, the Exalted, said:
And do not marry those [women] whom your fathers married, except what has already occurred
وَلا تَنكِحُوا مَا نَكَحَ آبَاؤُكُمْ مِنَ النِّسَاءِ إِلَّا مَا قَدْ سَلَفَAnd do not marry those [women] whom your fathers married
وَلا تَنكِحُوا مَا نَكَحَ آبَاؤُكُمْ مِنَ النِّسَاءِAnd the reverse is the same; the wives of sons are absolutely forbidden to fathers, even if the son did not consummate the marriage with her. If a man marries a woman and then dies before consummating the marriage, or divorces her before consummating the marriage, she becomes forbidden to his fathers and all his grandfathers. This is because Allah said:
the wives of your sons who are from your [own] loins
وَحَلائِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلابِكُمْ
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
