Does homosexual sodomy (litat) with a male adolescent incur in-law prohibitions regarding the sodomizer's mother and daughter, and the sodomized boy's mother and daughter?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
Some Hanbali scholars and Al-Awza'i hold that sodomy with a boy establishes in-law prohibitions. Thus, the sodomizer is prohibited from marrying the boy's mother and daughter, and the boy is prohibited from marrying the sodomizer's mother and daughter. This ruling is supported by Imam Ahmad. The evidence cited is that it constitutes sexual penetration (watu' fi al-farj), which spreads the prohibition just as sexual intercourse with a woman does, and because the mother and daughter are related to the one who was penetrated, they become prohibited just as if the penetrated party were female.
Supporting text
A dissenting opinion, attributed to Abu Al-Khattab, suggests two possibilities: either that the prohibition applies as if it were mere physical contact without penetration, or that no prohibition is established. The preferred sound opinion is that this act does not spread the prohibition because those relatives (mother and daughter) are not explicitly mentioned in the texts establishing prohibition. They fall under the general permission granted by Quran 4:24, 'And lawful for you are all others beyond those mentioned.' Furthermore, the sexual act with a woman establishes a cause for affinity (sababiyyah), necessitates dower (mahr), establishes lineage (nasab), makes the woman a marital asset (firash), and involves legal consequences that sodomy does not entail. Therefore, it cannot be likened to sexual intercourse with a woman due to the absence of the underlying legal reason (illah) and the lack of resemblance to the explicitly legislated cases. Just as breast-feeding an infant by a man does not establish prohibition, neither should this.