𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (373)

Ruling on Marrying One’s Sister-in-Law After Irrevocable Divorce Before the End of the ‘Iddah Question: What is the ruling on a man marrying his wife's sister if he divorced his wife a third time, before the end of her waiting period? Sheikh Yahya hafidahullah: If the divorce is revocable (i.e., a single or double divorce where the husband may still take his wife back during the ‘iddah), there is no difference of opinion among the scholars: it is not permissible for him to marry her sister, as this would constitute being married to two sisters at the same time, which is prohibited: "And [it is forbidden] to combine between a woman and her sister [in marriage], except for what has already passed." [Surah An-Nisa: 23] This is described as an indecent, hateful act and an evil way. However, if the woman was divorced with a final irrevocable divorce (i.e., three times), she is considered legally separated from him. While she must still complete her ‘iddah and is not permitted to marry during that time, he is allowed to marry her sister even before the end of the first wife’s ‘iddah. This is because the waiting period concerns her, not him. The command: “And divorced women shall wait for three menstrual cycles…” applies to the woman, not the man. Once a woman has been irrevocably divorced, she is no longer entitled to housing or maintenance after her ‘iddah, nor is she subject to his oaths (such as ظهار or إيلاء), nor can he issue a divorce or accuse her of adultery in a way that leads to لعان; he would simply be punished for slander. She does not need his permission to travel or leave her home, there is no inheritance between them, and she may no longer uncover herself before him. Ibn Al-Mundhir stated in Al-Awsat (Vol. 8, p. 507), and this was also recorded by Ibn Qudāmah in Al-Mughnī (Vol. 11, p. 130), and by others such as Ibn Al-Mundhir in Al-Ishrāf (Vol. 5, p. 504), that many early scholars including ʿAtā’, Zayd ibn Thābit, Ibn Al-Musayyib, Al-Ḥasan, Al-Qāsim ibn Muḥammad, ʿUrwah, Ibn Abī Laylā, Ash-Shāfiʿī, Mālik, Abū Thawr, and Ibn ʿUbayd were of the opinion that once a woman is divorced three times, and all marital rulings are severed, she is like a non-mahram to him—and therefore it is permissible for him to marry her sister during her ‘iddah. This is the strongest and most correct opinion, even though there is scholarly disagreement on the matter. The woman must still complete her ‘iddah and cannot remarry until it ends, but the man may marry her sister before her ‘iddah is over, because the marital bond between them has been fully dissolved. And Allāh knows best.