كتاب 28
28
Book 28
(28)
Chapter 28
(28)
باب 28
Muwatta Malik 1172
Malik said that a man who had committed fornication with a woman
and the hadd-punishment had been applied to him for it, could marry
that woman's daughter and his son could marry the woman herself if he
wished. That was because he had haram relations with her, and the
relations Allah had made haram were from the relations made in a halal
manner or in a manner resembling marriage. Allah, the Blessed, the
Exalted, said, "Do not marry the women your fathers have married. "
(Sura 4 ayat 21)
Malik said, "If a man were to marry a woman
in her idda-period in a halal marriage and have relations with her, it
would be haram for his son to marry the woman. That is because the
father married her in a halal manner, and the hadd-punishment would
not have been applied to him. Any child who was born to him would be
attached to him as the father. Just as it would be haram for the son
to marry a woman whom his father had married in her idda-period and
had relations with, so the woman's daughter would be haram for the
father if he had had sexual relations with her."
| Reference | : Muwatta Malik 1172 |
| In-book reference | : Book 28, Hadith 35350 |
| USC-MSA web (English) reference | : Book 7, Hadith 1172 |
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