Does physical contact below the private parts with lust upon a permissible woman (like one's wife or slave girl) prohibit marriage to her daughter (stepdaughter)?

Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters

Al-Mughni

Book of Marriage

Book 35 · Issue 3 · Bab 2

Open in Qurani

Primary text

Physical contact with a woman permissible to touch, such as one's wife or slave girl, below the private parts, even with lust, does not prohibit marriage to her daughter. Ibn Abbas, Tawus, and 'Amr bin Dinar hold this position, basing it on the verse concerning marrying stepdaughters after divorce or death, where the condition for prohibition is established only by consummation, citing Quran 4:23. The prohibition of the stepmother and the stepdaughter on the father of the one touching her and his son is established upon the marriage contract itself (aqd) before any physical contact, rendering the effect of the touch irrelevant.