Prohibition Resulting from Kissing One’s Son’s Wife and the Like

Question

A man gave the following sworn statements in reply to the following questions. (1) Swearing by Allah the Pure and the Noble Qur’an, and writing with your own pen, state: did you, over six or seven consecutive days, while sleeping, do the following acts with your son’s wife — seize her breast several times, force her to open her mouth, kiss her twice on the cheeks, that is, kiss her, untie or try to untie her waist-cord, and say, “My darling, I have fallen in love with you”? (2)

Answer

In the case asked about, according to the Hanafis, it is not permissible for ‘Umar to keep this wife in his nikah; rather, mutaraka (relinquishment of the marriage) with her is necessary, because she has become haram for him by reason of musahara (affinity). This prohibition is established even without ejaculation.

Source: Fatawa Mahmudiyya

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