When a free man or a slave pronounces divorce, can he marry the divorced woman's sister before her waiting period ('idda) concludes?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a free man or a slave pronounces a revocable or irrevocable divorce, or if the divorce is annulled (faskh), he is prohibited from marrying the divorced woman's sister until her waiting period is completed. This ruling is absolute and applies whether the divorce was revocable or irrevocable. Furthermore, if a man divorces one of his four wives, he cannot marry another woman (who is related by affinity) until the waiting period of the divorced wife concludes. This prohibition against combining two sisters or related women applies also when a slave divorces one of his two wives; the third prohibited woman cannot be married until the waiting period ends. This is the position held by Imam Ahmad, Ali, Ibn Abbas, Zayd bin Thabit, Sa'id bin al-Musayyab, Mujahid, Al-Nakha'i, Al-Thawri, and the Ashab al-Ra'y. The evidence supporting this is the consensus of the Companions that a woman cannot be married while her sister is in her waiting period, and the Prophetic tradition stating: Whoever believes in Allah and the Last Day should not join his seed in two sisters.

Supporting text

Al-Qasim bin Muhammad, Urwah, Ibn Abi Layla, Malik, Al-Shafi'i, Abu Thawr, Abu Ubayd, and Ibn Al-Mundhir permit marriage to the related woman immediately, arguing that the prohibition is based on combining them in a marriage contract, as evidenced by the Quranic verses prohibiting combining sisters (Quran 4:23). Since the divorced woman is no longer in his marriage contract (if the divorce is final), she is like one divorced before consummation.