An Illicit Relationship with One’s Son’s Wife

Question

Hinda contracted a second nikah with Zayd, who was a minor. In the meantime, Hinda formed a relationship with her father-in-law Bakr. When Zayd reached the age of maturity, he saw his father Bakr committing zina (fornication) with his wife Hinda. Stung in his honour, he left his homeland at that very moment and has not returned to this day. In his absence several children were born to Hinda; of these children some are adults and some are eight or ten years old. It is common talk in the biradari (the clan community)

Answer

The prohibition of zina is established by a categorical text (nass qat‘i); the one who commits it is a fasiq (a sinner). Until Bakr breaks off his relationship with Hinda and makes a sincere repentance, one should not mix or associate with him; rather, if it would be beneficial, let everyone together cut off relations with him, so that, being hard pressed, he repents.

Source: Fatawa Mahmudiyya

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