Source: Fatāwā Amunpūrī by Shaykh Ghulām Muṣṭafā Ẓahīr Amunpūrī
What is the ruling on marrying the daughter of a woman to whom one was previously married?
✿ If a man did not have seclusion (khalwah) or sexual relations with his wife (i.e., the woman he married), and then he either divorced her or she passed away,
then it is permissible for him to marry her daughter (from a previous husband).
✿ However, if he had seclusion (khalwah) or consummated the marriage (dukhūl) with the wife,
then marrying her daughter becomes permanently forbidden — such a relationship falls under eternal prohibition (taḥrīm mu’abbad).
وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُم مِّن نِّسَائِكُمُ اللَّاتِي دَخَلْتُم بِهِنَّ فَإِن لَّمْ تَكُونُوا دَخَلْتُم بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ
(Surah al-Nisā’, 4:23)
Translation:
“And [forbidden to you are] your stepdaughters under your guardianship, born of your wives with whom you have consummated marriage. But if you have not consummated the marriage with them, then there is no blame upon you [to marry their daughters].”
◈ If consummation (or even seclusion) occurred with the woman,
➡ her daughter becomes permanently ḥarām (prohibited for marriage).
◈ If there was no consummation,
➡ her daughter is permissible for marriage after divorce or the woman’s death.
هَذَا مَا عِندِي وَاللَّهُ أَعْلَمُ بِالصَّوَابِ
This is what I hold to be correct, and Allah knows best.
❖ Question:
What is the ruling on marrying the daughter of a woman to whom one was previously married?
❖ Answer:
✿ If a man did not have seclusion (khalwah) or sexual relations with his wife (i.e., the woman he married), and then he either divorced her or she passed away,
then it is permissible for him to marry her daughter (from a previous husband).
✿ However, if he had seclusion (khalwah) or consummated the marriage (dukhūl) with the wife,
then marrying her daughter becomes permanently forbidden — such a relationship falls under eternal prohibition (taḥrīm mu’abbad).
❖ Evidence from the Qur’an:
وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُم مِّن نِّسَائِكُمُ اللَّاتِي دَخَلْتُم بِهِنَّ فَإِن لَّمْ تَكُونُوا دَخَلْتُم بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ
(Surah al-Nisā’, 4:23)
Translation:
“And [forbidden to you are] your stepdaughters under your guardianship, born of your wives with whom you have consummated marriage. But if you have not consummated the marriage with them, then there is no blame upon you [to marry their daughters].”
Summary:
◈ If consummation (or even seclusion) occurred with the woman,
➡ her daughter becomes permanently ḥarām (prohibited for marriage).
◈ If there was no consummation,
➡ her daughter is permissible for marriage after divorce or the woman’s death.
هَذَا مَا عِندِي وَاللَّهُ أَعْلَمُ بِالصَّوَابِ
This is what I hold to be correct, and Allah knows best.
