Ruling on a son marrying his father’s divorced wife whom he did not consummate
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Question:
A letter from one of the listening brothers. The sender says: Ibrahima Ahmad Dhib from Yemen. Our brother Ibrahima has a number of questions, among which is a question that says: A man contracted marriage with a woman, but did not consummate it, whether he died or divorced her. The question: Is it permissible for his son to marry her, or is she among those forbidden to him? May Allah reward you with good.
Answer:
If the marriage contract of a man with a woman is completed with a valid Islamic contract, then she becomes forbidden to all of his descendants, and to his father, and his grandfathers, even if he did not consummate the marriage, whether he died or divorced her. This is based on the saying of Allah, Mighty and Majestic: [Al-Nisa: 22]. This is general, covering the marriage of the contract and the marriage of consummation. And based on His saying, Mighty and Majestic: [Al-Nisa: 23] the wives of the sons [Al-Nisa: 23]. So the wives of the sons are forbidden to the fathers, just as the wives of the fathers are forbidden to the sons, to their sons, and the sons of their sons, and the sons of their daughters. The wives of the sons are forbidden to the fathers and grandfathers, whether the son is your son or the son of your daughter.
And His saying: [Al-Nisa: 23] is a precaution against the adopted sons who used to be adopted in the pre-Islamic age of ignorance. Some people would raise them and adopt them. These are not sons even if they adopt them, and their wives are not forbidden.
The Prophet (peace and blessings be upon him) married Zaynab bint Jahsh, and Zayd ibn Harithah had divorced her. The Prophet (peace and blessings be upon him) had adopted him in the pre-Islamic age of ignorance, then Allah ordered him to be called by his father’s name, so He said: [Al-Ahzab: 5]. And the Prophet (peace and blessings be upon him) married her, the divorced wife of Zaynab, so that people would know that there is no harm in marrying the divorced wives of adopted sons, the adopted sons.
As for your son through breastfeeding, and your son through lineage, his wife is forbidden to you, and the wife of his father through breastfeeding and through lineage is forbidden to him.
And likewise, the wives of your grandfathers through lineage and through breastfeeding, and likewise the wives of your sons through lineage and through breastfeeding, and the sons of your daughters, all of them are forbidden, even if the husband did not consummate the marriage with the wife, and even if he did not have seclusion with her, as long as the valid Islamic contract was completed, that is sufficient.
The presenter: May Allah reward you with good.
A letter from one of the listening brothers. The sender says: Ibrahima Ahmad Dhib from Yemen. Our brother Ibrahima has a number of questions, among which is a question that says: A man contracted marriage with a woman, but did not consummate it, whether he died or divorced her. The question: Is it permissible for his son to marry her, or is she among those forbidden to him? May Allah reward you with good.
Answer:
If the marriage contract of a man with a woman is completed with a valid Islamic contract, then she becomes forbidden to all of his descendants, and to his father, and his grandfathers, even if he did not consummate the marriage, whether he died or divorced her. This is based on the saying of Allah, Mighty and Majestic:
And do not marry those [women] whom your fathers married
وَلا تَنكِحُوا مَا نَكَحَ آبَاؤُكُمْ مِنَ النِّسَاءِand the wives of your sons
وَحَلائِلُ أَبْنَائِكُمُwho are from your [own] loins
الَّذِينَ مِنْ أَصْلابِكُمْAnd His saying:
from your loins
مِنْ أَصْلابِكُمْThe Prophet (peace and blessings be upon him) married Zaynab bint Jahsh, and Zayd ibn Harithah had divorced her. The Prophet (peace and blessings be upon him) had adopted him in the pre-Islamic age of ignorance, then Allah ordered him to be called by his father’s name, so He said:
Call them by their fathers’ names
ادْعُوهُمْ لِآبَائِهِمْAs for your son through breastfeeding, and your son through lineage, his wife is forbidden to you, and the wife of his father through breastfeeding and through lineage is forbidden to him.
And likewise, the wives of your grandfathers through lineage and through breastfeeding, and likewise the wives of your sons through lineage and through breastfeeding, and the sons of your daughters, all of them are forbidden, even if the husband did not consummate the marriage with the wife, and even if he did not have seclusion with her, as long as the valid Islamic contract was completed, that is sufficient.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
