Letter Concerning the Above Istifta’ (Marriage of the Children of the Toucher and the Touched)

Question

Esteemed and honoured Hazrat Mufti, may his favours and blessings endure! As-salamu ‘alaykum wa rahmatullah. This very Ramadan I submitted an istifta’ (request for a fatwa) to your noble service, the answer to which I received. Now I venture to trouble you once again — please forgive me. What needs to be submitted in this regard is that, in the answer to the question of that istifta’, you were kind enough to write that the children of the man who touched and of the woman touched may marry one another.

Answer

Esteemed sir, may your glory increase! As-salamu ‘alaykum wa rahmatullah. The ruling of the fatwa given here is derived from the following texts: [ar]حرم أيضاً بالصهرية أصل مزنيته[/ar] “Also prohibited by affinity are the ascendants of the woman with whom he fornicated” (al-Durr al-Mukhtar).

Source: Fatawa Mahmudiyya

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