Marrying a Girl with Whom Zina Was Committed After Zina with Her Mother

Question

Zayd formed an unlawful relationship with Khalida and, on the basis of this relationship, committed zina with Khalida. After committing zina with Khalida, he also committed zina with Khalida’s mother. After these wretched deeds Zayd felt remorse, and now he wishes to contract a Shar‘i marriage contract (‘aqd) with Khalida, with whom he committed zina, so that he may replace the haram relationship with a halal one.

Answer

In the case asked about, nikah with both Khalida and her mother is haram for Zayd. By forming unlawful relationships he became a sinner who has committed a major sin (kabira). He should repent immediately. There no longer remains any way for Zayd to contract a nikah with either of these two: [ar]وَمَنْ زَنَى بِامْرَأَةٍ حَرُمَتْ عَلَيْهِ أُمُّهَا وَبِنْتُهَا[/ar] “Whoever…

Source: Fatawa Mahmudiyya

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