Does seclusion (khalwa) with a woman establish perpetual prohibition (hurmah)?

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

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 2

Open in Qurani

Primary text

Seclusion with a woman does not establish perpetual prohibition. This is based on the divine ordinance permitting marriage to the daughters and mothers of a wife after consummation, as indicated in Quran 4:23 and Quran 4:24. If seclusion alone established prohibition, it would contradict these verses. Furthermore, seclusion with a non-Mahram woman or one's female slave does not establish any prohibition, and there is no known disagreement on this point.

Supporting text

There is a reported opinion from Ahmad that if one secludes with a woman, the dower (sadaq) and waiting period (idda) become obligatory, and it becomes unlawful to marry her mother or daughter. This is interpreted to mean that consummation occurred during the seclusion, aligning with the established rulings on prohibition due to entry into the marriage contract.