Is it permissible for a man to marry the daughter of a woman with whom he committed unlawful sexual intercourse?
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Question:
A man contracted marriage with a woman but did not consummate it, then he committed unlawful sexual intercourse with her mother—may Allah protect us from that. Is it permissible to consummate the marriage with the daughter? Knowing that he subsequently consummated the marriage with the daughter and had children from her, what is the ruling on the marriage?
Answer:
The correct view is that he may consummate the marriage with the daughter, and that unlawful sexual intercourse does not make her forbidden to him; because unlawful sexual intercourse is forbidden, and it is not permissible to spread it, and it does not make the lawful forbidden. He is a sinner in his unlawful sexual intercourse, and he must repent to Allah, return to Him, and turn to Him in repentance. His wife remains with him, and she does not become forbidden to him according to the most correct of the scholars' opinions, even if he committed unlawful sexual intercourse with her mother—we ask Allah for well-being—just as if he had committed unlawful sexual intercourse with her daughter.
The point is that she does not become forbidden to him, and she remains his wife under his protection according to the correct view. He must repent to Allah. When this becomes known, the prescribed legal punishment is to be carried out against him. If it is between him and Allah, he must repent and not disclose it, not explain it to anyone, and not tell anyone. Let it be between him and Allah .
Some scholars held the view that the daughter becomes forbidden to him and that he must separate from her, because he considered her mother lawful. However, this is the weaker opinion, and the correct view is that she does not become forbidden to him, and that his marriage remains valid. He must repent to Allah, and the legal punishment is to be carried out against him if this is known and the evidence is established. If it is between him and Allah, he must conceal himself with Allah's concealment, not disclose it to anyone, and repent to Allah with a sincere repentance. Whoever repents, Allah accepts his repentance.
A man contracted marriage with a woman but did not consummate it, then he committed unlawful sexual intercourse with her mother—may Allah protect us from that. Is it permissible to consummate the marriage with the daughter? Knowing that he subsequently consummated the marriage with the daughter and had children from her, what is the ruling on the marriage?
Answer:
The correct view is that he may consummate the marriage with the daughter, and that unlawful sexual intercourse does not make her forbidden to him; because unlawful sexual intercourse is forbidden, and it is not permissible to spread it, and it does not make the lawful forbidden. He is a sinner in his unlawful sexual intercourse, and he must repent to Allah, return to Him, and turn to Him in repentance. His wife remains with him, and she does not become forbidden to him according to the most correct of the scholars' opinions, even if he committed unlawful sexual intercourse with her mother—we ask Allah for well-being—just as if he had committed unlawful sexual intercourse with her daughter.
The point is that she does not become forbidden to him, and she remains his wife under his protection according to the correct view. He must repent to Allah. When this becomes known, the prescribed legal punishment is to be carried out against him. If it is between him and Allah, he must repent and not disclose it, not explain it to anyone, and not tell anyone. Let it be between him and Allah .
Some scholars held the view that the daughter becomes forbidden to him and that he must separate from her, because he considered her mother lawful. However, this is the weaker opinion, and the correct view is that she does not become forbidden to him, and that his marriage remains valid. He must repent to Allah, and the legal punishment is to be carried out against him if this is known and the evidence is established. If it is between him and Allah, he must conceal himself with Allah's concealment, not disclose it to anyone, and repent to Allah with a sincere repentance. Whoever repents, Allah accepts his repentance.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.