Marrying a Woman’s Daughter after Marrying Her

Question

Sharaf al-Din married the widow Zeb al-Nisa. Intercourse had not yet taken place when the widow gave her minor daughter in marriage to Sharaf al-Din, over which an uproar arose in the biradari (kinship community). It is entirely true that seclusion (khalwa) with the first wife, Zeb al-Nisa, has not yet taken place. So which nikah is now valid?

Answer

Combining a mother and daughter in nikah is haram. Therefore, since the nikah with Zeb al-Nisa has already taken place, the nikah with her daughter did not become permissible. But since it has not yet come to intercourse and seclusion with Zeb al-Nisa, if he gives her talaq in this state, nikah with her daughter will become permitted.

Source: Fatawa Mahmudiyya

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