Hadith 40193

Muwatta Malik

موطأ مالك

25


Malik said that a man who had committed fornication with a womanand the hadd-punishment had been applied to him for it, could marrythat woman's daughter and his son could marry the woman herself if hewished. That was because he had haram relations with her, and therelations Allah had made haram were from the relations made in a halalmanner or in a manner resembling marriage. Allah, the Blessed, theExalted, said, "Do not marry the women your fathers have married. "(Sura 4 ayat 21)Malik said, "If a man were to marry a womanin her idda-period in a halal marriage and have relations with her, itwould be haram for his son to marry the woman. That is because thefather married her in a halal manner, and the hadd-punishment wouldnot have been applied to him. Any child who was born to him would beattached to him as the father. Just as it would be haram for the sonto marry a woman whom his father had married in her idda-period andhad relations with, so the woman's daughter would be haram for thefather if he had had sexual relations with her."

USC-MSA web (English) reference: Book 28, Hadith 23