Nikah with the Wife’s Sister

Question

(1) Zayd has children. He told his wife of his intention to marry a second time. His wife said: “If you want to marry, then marry none other than my younger sister.” In the end Zayd performed the nikah. Now people have begun to call this nikah impermissible. A qadi (Shari‘a judge) was asked, and he too called it impermissible. Is this nikah permissible or impermissible? (2) Did the sister-in-law enter into the marriage by the performance of the nikah or not? (3) Will half the mahr become wajib or not? (4)

Answer

(1) Nikah with the wife’s sister is haram. Yes, if the wife dies, or he gives her talaq and the ‘idda passes, then nikah with her sister can be performed. (2) She did not enter into the marriage. (3) Nothing will become wajib; separation will be wajib: under no circumstances should the two be allowed to be together in private. (4)

Source: Fatawa Mahmudiyya

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