If a Man Divorces His Betrothed Before Consummation, Can He Marry Her Mother?

Hazrat Qatadah was asked: If a man divorces his wife before consummation, can he marry her mother? He replied that Hazrat Ali (may Allah be pleased with him) used to say that she is in the same category as a stepdaughter.

It is narrated similarly through another chain.

Hazrat Zaid bin Thabit considered it completely permissible to marry the mother of a woman in the case of divorcing the woman before consummation. And in the case of the woman's death before consummation, he considered it undesirable.

Hazrat Muslim bin Uwaymir of Banu Bakr bin Kinanah says that my father married me to a woman in Taif. I had not yet consummated the marriage with her when her mother’s husband passed away. Her mother was a wealthy woman. My father said to me that if you marry her mother, it would be very good. I said that is fine, but I have already married her daughter. Then I asked Hazrat Ibn Abbas (may Allah be pleased with them both) about this matter, and he said that you may marry her. Then I asked Hazrat Ibn Umar (may Allah be pleased with them both), and he said do not marry her. Then Abu Uwaymir wrote a letter to Hazrat Muawiyah (may Allah be pleased with him) in which he mentioned the opinions of Hazrat Ibn Abbas and Hazrat Ibn Umar (may Allah be pleased with them both) and sought Hazrat Muawiyah’s opinion on the matter. Hazrat Muawiyah wrote to him in reply that I do not make lawful what Allah has made unlawful, nor do I make unlawful what Allah has made lawful. You have many other women available to you. Then he neither forbade me nor permitted me. Then my father abandoned this idea and we did not marry her.

17053 - And I asked Ibn Umar, and he said: Do not marry her.

17054 - He said: So (my father) 'Uwayr wrote about that to Mu'awiya and informed him in his letter of what Ibn Abbas had said and what Ibn Umar had said. So Mu'awiya wrote to him: I do not make lawful what Allah has forbidden, nor do I forbid what Allah has made lawful, and you (and that) and women (are many). He said: (So he did not) forbid me nor permit me, and my father turned away from her and did not marry her.

Hazrat Abu Amr Shaibani narrates that once Hazrat Abdullah bin Masood (may Allah be pleased with him) gave a fatwa that if a man divorced his wife or died before consummation, he could marry the mother of that woman. Then, when he came to Madinah, he retracted his fatwa and forbade people from doing so, even though children had already been born to women after such marriages.

Hazrat Masruq, regarding the verse of the Holy Qur'an { أُمَّہَاتِ نِسَائِکُمْ }, says that leave ambiguous what Allah has left ambiguous, and follow what He has explained clearly.

Hazrat Mujahid, regarding the verse { وَأُمَّہَاتُ نِسَائِکُمْ وَرَبَائِبُکُمَ اللاَّتِی فِی حُجُورِکُمْ } of the Holy Quran, says that here "entry" is meant.

Hazrat Ibn Jurayj says that I asked Hazrat Ata: If a man marries a woman, then sees her and divorces her without having intercourse, can he marry her mother? He replied: No.

Hazrat Mak’hool considered it undesirable for a man to marry a woman’s mother after marrying the woman.

Hazrat Saeed bin Musayyib states that Hazrat Zaid bin Thabit (may Allah be pleased with him) disliked the idea that a man should marry the mother of a woman who passed away before consummation.

Hazrat Ibn Ulayyah states that I asked Hazrat Abu Najeeh: If a man divorces a woman without having intercourse with her, can he marry her mother? He replied that I have heard Hazrat Ikrimah and Hazrat Ata forbidding this.

Hazrat Imran bin Husain (may Allah be pleased with him) says regarding the verse of the Holy Qur’an { أُمَّہَاتِ نِسَائِکُمْ } that it is ambiguous.

Hazrat Tawus has also declared this verse to be ambiguous.

Hazrat Ibn Abbas (may Allah be pleased with both of them) has also declared this verse to be ambiguous.