Nikah with the Wife’s Paternal Half-Sister

Question

Zayd married Zubayda, from whom several sons were also born to him. Afterwards, during Zubayda’s lifetime and without giving Zubayda talaq, Zayd married her paternal half-sister Khadija. Khadija’s parents and the villagers tried hard to persuade her, but Khadija would not agree to a nikah anywhere else, nor was Zayd prepared to give Zubayda talaq. Zubayda too did not agree to take a talaq. In such a case, is Khadija’s nikah with Zayd valid or not? Is it necessary to cut off relations with these people?

Answer

This nikah is haram. People should bring about a separation (tafriq) between Zayd and Khadija. If they do not agree, then people should cut off relations with them until, finding themselves in straits, they repent and keep away from the haram. As long as they do not desist from this haram conduct, one should not keep company with them.

Source: Fatawa Mahmudiyya

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