Nikah with a Woman in ‘Idda

Question

Zayd and Bakr were full brothers, and Hinda and Zubayda were full sisters. The two were married to the two brothers, that is, Hinda to Zayd and Zubayda to Bakr. But it has now been eight years since Zayd died, leaving one son and one daughter. Since then Hinda, together with her son and daughter, was being looked after by Bakr, her brother-in-law.

Answer

(1) Since, by giving her talaq, he has already severed the conjugal bond, keeping her in his house now is impermissible; separating her is wajib. (2) This nikah took place impermissibly: [ar]وَلَا يَجُوزُ أَنْ يَتَزَوَّجَ أُخْتَ مُعْتَدَّتِهِ، سَوَاءٌ كَانَتِ الْعِدَّةُ مِنْ طَلَاقٍ رَجْعِيٍّ أَوْ بَائِنٍ أَوْ ثَلَاثٍ، أَوْ عَنْ نِكَاحٍ فَاسِدٍ، أَوْ عَنْ شُبْهَةٍ[/ar] “It is…

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.