He committed zina with a woman; is he allowed to marry her daughter?

 

I am a thirty year old man. The shaytaan tempted me and I committed zina with a woman, then Allaah blessed me and had mercy on me, and I repented sincerely to Allaah, may Allaah accept it from me. Until now I have not gotten married. I have decided to get married and my mother has suggested a girl, but this girl is the daughter of the woman with whom I committed zina before (please note that the zina occurred two years ago, and her daughter is now twenty years old). Hence I hope that you can advise me whether this marriage is haraam or not? I hope that you can explain fully.

Praise be to Allaah.

We ask
Allaah to accept your repentance. Strive to make it a sincere repentance,
because the crime of zina is a grave sin which results in many evils. The
married man who commits zina deserves to be stoned to death, and there is no
greater punishment than that among the hudood punishments, because of the
abhorrent and repugnant nature of this crime. 

Our advice
to you is not to marry this girl, not because marrying her is haraam, but
because through this marriage you will become closer to her mother with whom
you committed zina, and getting close to her will remind you of that evil
sin, and the shaytaan may whisper to you again, and make sin appear
attractive to you, so you fall into it. Keeping away from reminders of evil
and sin is part of repentance. This is indicated by the hadeeth about the
one who killed one hundred people; the scholar told him to leave his village
because its people were evil and immoral people. This is part of repenting
fully. 

With regard
to whether it is permissible to marry this girl, there was a difference of
opinion among the scholars regarding such cases. Al-Shaafa’i and Maalik –
according to one of the two reports narrated from him – said that it is
permissible, but Abu Haneefah, Ahmad and Maalik – according to the other
report – said that such a marriage is haraam. The more correct is the first
view. 

Ibn ‘Abd
al-Barr said: 

They
differed concerning a man who commits zina with a woman; is it permissible
for him to marry her daughter or mother? Similarly, if he committed zina
with a woman, can his son or father marry her? In all these cases, does zina
make haraam what a valid marriage or an invalid marriage makes haraam (i.e.,
makes certain relatives mahrams to whom marriage is forbidden)? 

Maalik said
in his Muwatta’: Zina with a woman does not make it haraam for the
one who commits zina with her to marry her daughter or mother. If a man
commits zina with the mother of his wife, his wife does not become haraam to
him, rather he should be killed. Zina does not make haraam anything that a
permissible marriage makes haraam. 

This is the
view of Ibn Shihaab al-Zuhri and Rabee’ah; it was also the view of al-Layth
ibn Sa’d, al-Shaafa’i, Abu Thawr and Dawood. It was also narrated from Ibn
‘Abbaas, who said concerning that: A haraam deed does not make something
permissible haraam. 

Ibn
al-Qaasim narrated from Maalik something other than what is said in
al-Muwatta’. He said: If a man commits zina with the mother of his wife,
he must be separated from his wife, and in his view he comes under the
ruling of one who has married his wife’s mother and consummated the marriage
with her. This is also the view of Abu Haneefah and his companions, and of
al-Thawri and al-Awzaa’i, all of whom said that if a man commits zina with
his wife’s mother, then his wife becomes haraam for him. 

Sahnoon
said: The companions of Maalik all disagreed with Ibn al-Qaasim on this
matter and they agreed with what it says in al-Muwatta’. Allaah has
forbidden the Muslim to marry his wife’s mother or daughter. If a man owns a
slave woman and he has intercourse with her, then her mother and daughter
also become haraam for him. 

Similarly,
if his father has intercourse with a woman whom he marries or owns as a
slave, they become haraam for the son, and vice versa. This has to do with
permissible types of intercourse. And Allaah is the One Whose help we seek.

These
fuqaha’ – the ones who were qualified to issue fatwas in the Islamic regions
– were unanimously agreed that it is not haraam for a man to marry a woman
with whom he committed zina, if it is established that she is not pregnant,
so it is more likely that he is permitted to marry her mother or daughter.
And Allaah is the source of strength.

 Al-Istidhkaar
(5/463, 464). 

Shaykh
Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) said: 

The correct
view is that the mother of a woman with whom a man has committed zina is not
haraam for the one who did that, and the daughter of the woman with whom he
committed zina is not haraam for the one who did that, because Allaah says
(interpretation of the meaning): 

“All
others are lawful”

[al-Nisa’
4:24] 

Allaah did
not mention the mother or daughter of a woman with whom zina has been
committed as being among those to whom marriage is forbidden, rather He
said:  

“your
wives’ mothers, your stepdaughters under your guardianship, born of your
wives to whom you have gone in — but there is no sin on you if you have not
gone in them (to marry their daughters),”

[al-Nisa’
4:23] 

It is well
known that the woman with whom a man has committed zina is not one of his
wives at all. As she is not one of his wives, it is not valid to compare
fornication to valid marriage. If he has repented from zina it is
permissible for him to marry the mother or daughter of a woman with whom he
committed zina. End quote. 

Al-Sharh
al-Mumti’ (7/38, 39) 

Conclusion: 

This is a
matter concerning which the scholars differed. The correct view is that it
is permissible to marry the daughter of a woman with whom one has committed
zina so long as she is not one’s own daughter, but our advice to you is
not to marry her for two reasons: to be on the safe side, because she is
haraam for you according to many of the scholars, and so that your marriage
to her will not be a cause of your getting close to her mother and getting
in touch with her, which may lead to you going back to that sin from which
you have repented. And Allaah knows best.

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