Ruling on marrying the sister of a divorced wife before the completion of the waiting period
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He also asks and says: If a man has a wife and divorces her, is it permissible for him to marry her sister during her waiting period? And if she dies, is it permissible for him to marry her immediately? Please inform us, may Allah reward you.
Answer: If a man divorces a woman, he is not permitted to marry her sister, her paternal aunt, or her maternal aunt until after the waiting period, after the waiting period has ended. If the divorce is revocable, this is by the consensus of the Muslims; it is not permissible for him to marry her sister, her paternal aunt, or her maternal aunt until the waiting period has ended, because a woman divorced with a revocable divorce is still a wife. However, if the divorce is final, a final divorce being the last of the three, or if she was divorced in exchange for money (the woman who sought khul'), there is scholarly disagreement in this matter. But the stronger position is that he does not marry her until the waiting period of her sister, or her sister's daughter, or her brother's daughter has ended. As for if she dies, there is no harm in marrying her, even if it is one or two days after her death. If the wife has died, her waiting period has ended by death, and the marriage has ended by death. So in this case, there is no blame on him for marrying her sister, her paternal aunt, or her maternal aunt immediately, meaning from the time the wife died. Yes.
The presenter: May Allah bless you and reward you with good.
Answer: If a man divorces a woman, he is not permitted to marry her sister, her paternal aunt, or her maternal aunt until after the waiting period, after the waiting period has ended. If the divorce is revocable, this is by the consensus of the Muslims; it is not permissible for him to marry her sister, her paternal aunt, or her maternal aunt until the waiting period has ended, because a woman divorced with a revocable divorce is still a wife. However, if the divorce is final, a final divorce being the last of the three, or if she was divorced in exchange for money (the woman who sought khul'), there is scholarly disagreement in this matter. But the stronger position is that he does not marry her until the waiting period of her sister, or her sister's daughter, or her brother's daughter has ended. As for if she dies, there is no harm in marrying her, even if it is one or two days after her death. If the wife has died, her waiting period has ended by death, and the marriage has ended by death. So in this case, there is no blame on him for marrying her sister, her paternal aunt, or her maternal aunt immediately, meaning from the time the wife died. Yes.
The presenter: May Allah bless you and reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
