Does valid seclusion without consummation lead to the prohibition of marrying the wife's step-daughter (*rabibah*)?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The prohibition of marrying the step-daughter is not established by seclusion alone. The explicit text of Quran 4:23 states: 'And there is no blame upon you if you have not entered them,' with 'entering' (*dukhul*) being a clear euphemism for sexual intercourse. Therefore, the ruling is that she is permissible to him.
Supporting text
There is a narration from Ahmad suggesting that the prohibition is established by seclusion. Al-Qadi and Ibn Aqil hold that it is not prohibited, interpreting Ahmad's statement as conditioned on accompanying seclusion with looking or touching, which are points of contention in other rulings. The sound view is that she is not prohibited because the clear text of the Quran permits it without consummation.