Nikah with One’s Daughter and the Establishment of Lineage of the Children Born of It

Question

Zayd contracted nikah with Hinda in India and lived with Hinda for some time, and Hinda became pregnant. After that Zayd went to another country, and then a girl was born to Hinda. Now the government is compelling Zayd to come back from there, and Zayd, under compulsion, came back. The girl born to Hinda is named Zaynab, and this Zaynab was born of Zayd’s own seed. In any case, Zaynab also arrives where Zayd lives; Zaynab is sane and adult, and Zayd does not know that she is his daughter.

Answer

In the case asked about, Zayd contracted nikah with Hinda’s daughter Zaynab while not knowing that she was his own daughter. Therefore the children born of Zayd will not be counted as illegitimate; rather, their lineage will be established from Zayd. However, once he learns of it, he must end the marital relationship immediately.

Source: Fatawa Mahmudiyya

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