Is a man permitted to marry the sister of a woman with whom he has committed Zina (unlawful sexual intercourse)?
General Chapter
Al-Mughni
Book of Marriage
Primary text
A man who has committed Zina with a woman is forbidden from marrying her sister until her waiting period ends. The ruling for the waiting period following Zina or semen resulting from a شبهة (dubious relationship) is the same as the waiting period following a valid marriage contract. Imam Ahmad stated that if a man commits Zina with a woman, he must refrain from intercourse with his existing wife until she has experienced three menstrual cycles. It is also related from him that the woman with whom Zina occurred must be examined for purity through one menstrual cycle, because the act is without a valid marriage contract, and its consequences do not carry the rulings of marriage.
Supporting text
One position suggests that the sister of the woman committed to Zina, and four other women besides her, are not prohibited for the man because the woman was not legally married to him. Mere intercourse, without marriage, does not create a prohibition, evidenced by the fact that intercourse with a female slave (*milku al-yamin*) does not prevent a man from having four other wives.