Marrying the Daughter of a Woman with Whom One’s Brother Committed Zina

Question

(1) Zayd has an unlawful (zina) relationship with the wife of his maternal uncle. Is the nikah of Zayd’s younger brother with the daughter of the maternal uncle’s wife permissible or haram? The maternal uncle is also alive. (2) If the wife of Zayd’s maternal uncle herself acknowledges that this daughter of hers is from her husband’s seed, is the nikah haram or halal? (3) Even after this decision Zayd continues to commit zina with his maternal uncle’s wife. (4)

Answer

(1) Because of these unworthy deeds and sins that Zayd has committed with his maternal uncle’s wife, the nikah of his younger brother with the maternal uncle’s daughter will not become impermissible. (2) This nikah is permissible. (3) This too will have no effect on this nikah. (4) This too will not make this nikah haram.

Source: Fatawa Mahmudiyya

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