Ruling on marrying the daughter of a woman divorced from another husband
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Question:
He divorced his wife, and she gave birth to children from another husband, one of whom is a daughter. He asks: Is it permissible for me now to marry the daughter of my former wife?
Answer:
As long as he has had intercourse with her, she is a mahram (a relative one may not marry) to him.
Q: Who is a mahram?
A: She is a mahram to her former husband. If she came from the new husband, she becomes a mahram to the former husband if he had intercourse with her, meaning he had sexual relations with her.
Q: Does she cover for him the divorced wife?
A: Yes, she is separated from him if it was a final divorce or a revocable divorce, and once she exits the waiting period, she becomes a stranger. And Allah says: [Surat al-Nisa: 23], and "entering" means intercourse.
Q: So does the verse not stop at the stepdaughter who is present?
A: No, it is not a requirement. The children who were before him and those who came after him are all mahrams if they are daughters. This is a description of the majority case, not a requirement. Therefore, He said after that: [An-Nisa 4:23], and He did not say: "If they are not in your care, then there is no blame on you." So "in your care" is a description of the majority case, not a requirement. And the Prophet (peace and blessings be upon him) said to Umm Hababah: Sunan Abi Dawud 2056Sahih (Al-Albani) to Umm Salama.
He divorced his wife, and she gave birth to children from another husband, one of whom is a daughter. He asks: Is it permissible for me now to marry the daughter of my former wife?
Answer:
As long as he has had intercourse with her, she is a mahram (a relative one may not marry) to him.
Q: Who is a mahram?
A: She is a mahram to her former husband. If she came from the new husband, she becomes a mahram to the former husband if he had intercourse with her, meaning he had sexual relations with her.
Q: Does she cover for him the divorced wife?
A: Yes, she is separated from him if it was a final divorce or a revocable divorce, and once she exits the waiting period, she becomes a stranger. And Allah says:
and your step-daughters under your guardianship [born] of your wives unto whom you have gone in. But if you have not gone in unto them, there is no sin upon you.
وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُمْ مِنْ نِسَائِكُمُ اللَّاتِي دَخَلْتُمْ بِهِنَّ فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْQ: So does the verse not stop at the stepdaughter who is present?
A: No, it is not a requirement. The children who were before him and those who came after him are all mahrams if they are daughters.
in your care
فِي حُجُورِكُمْBut if you have not gone in unto them, there is no sin upon you.
فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْSo do not present to me your daughters and your sisters.
لا تعرضنَّ عليَّ بناتكن ولا أخواتكن
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.