Source: Fatāwā Amunpuri by Shaykh Ghulām Mustafa Zaheer Amunpuri
Is it permissible for a man to marry the daughter of a woman with whom he performed Nikāḥ Ḥalālah?
Nikāḥ Ḥalālah is not a valid marriage, because it is considered as fornication (zinā). And from zinā, the prohibition of maḥram relationship (ḥurmat muṣāharah) is not established.
The prohibition of marrying certain relatives is only established through a valid and lawful marriage.
Therefore, if someone has performed Nikāḥ Ḥalālah with a woman, it is permissible for him to marry her daughter, because ḥurmat muṣāharah does not apply.
① ʿAbdullāh ibn ʿUmar رضي الله عنهما was asked about ḥalālah, and he replied:
هما زانيان وإن مكثا عشر سنين أو عشرين سنة إذا أنه تزوجها لذلك
Al-Maṭālib al-ʿĀliyah li Ibn Ḥajar: 1693 – chain is authentic (ṣaḥīḥ)
Translation:
“They are both adulterers (zānī), even if they remain together for ten or twenty years, if he married her for the purpose of ḥalālah.”
② Sufyān al-Thawrī رحمه الله considered ḥalālah impermissible and said:
إذا تزوج الرجل المرأة ليحللها ثم بدا له أن يمسكها فلا يحل له أن يمسكها حتى يتزوجها بنكاح جديد
Sunan al-Tirmidhī, under ḥadīth: 1120
Translation:
“If a man marries a woman with the intention of making her ḥalāl (for her first husband), and then he decides to keep her permanently, it is not lawful for him to do so unless he contracts a new valid marriage.”
① Nikāḥ Ḥalālah is invalid and considered fornication.
② No maḥram relationship is established through such a union.
③ Therefore, it is permissible for the man to marry the daughter of the woman involved in that invalid ḥalālah.
❖ Question:
Is it permissible for a man to marry the daughter of a woman with whom he performed Nikāḥ Ḥalālah?
✿ Answer:
Nikāḥ Ḥalālah is not a valid marriage, because it is considered as fornication (zinā). And from zinā, the prohibition of maḥram relationship (ḥurmat muṣāharah) is not established.
The prohibition of marrying certain relatives is only established through a valid and lawful marriage.
Therefore, if someone has performed Nikāḥ Ḥalālah with a woman, it is permissible for him to marry her daughter, because ḥurmat muṣāharah does not apply.
❖ Sayings of the Salaf:
① ʿAbdullāh ibn ʿUmar رضي الله عنهما was asked about ḥalālah, and he replied:
هما زانيان وإن مكثا عشر سنين أو عشرين سنة إذا أنه تزوجها لذلك
Al-Maṭālib al-ʿĀliyah li Ibn Ḥajar: 1693 – chain is authentic (ṣaḥīḥ)Translation:
“They are both adulterers (zānī), even if they remain together for ten or twenty years, if he married her for the purpose of ḥalālah.”
② Sufyān al-Thawrī رحمه الله considered ḥalālah impermissible and said:
إذا تزوج الرجل المرأة ليحللها ثم بدا له أن يمسكها فلا يحل له أن يمسكها حتى يتزوجها بنكاح جديد
Sunan al-Tirmidhī, under ḥadīth: 1120Translation:
“If a man marries a woman with the intention of making her ḥalāl (for her first husband), and then he decides to keep her permanently, it is not lawful for him to do so unless he contracts a new valid marriage.”
Summary of the Ruling:
① Nikāḥ Ḥalālah is invalid and considered fornication.
② No maḥram relationship is established through such a union.
③ Therefore, it is permissible for the man to marry the daughter of the woman involved in that invalid ḥalālah.
