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Al-Muharramaat (#2)
Women You are not Allowed to Marry
Prepared by Abul-'Abbaas, Edited by Ali Yahya
Based on: Hidaayatur-Raaghib (p.661-665)

In the Name of Allaah, the Compassionate, the All-Merciful

In the first part of this article, we identified the women whom a man is never allowed to marry. Let us now identify some of the women whom a man is temporarily not allowed to marry, and when or how they could be permissible for him to marry.

Women You are Temporarily not Allowed to Marry

[1]: Your current wife's sister or aunt

Allaah says, what means:

( And (it is not allowed) for you to combine two sisters (in marriage) )
[Soorah an-Nisaa' (4):23]

The aunt (paternal or maternal) takes the ruling of a sister in this case.

When can you marry her? You can marry her once you are separated from your current wife by death, divorce, or annulment of the marriage contract.

[2]: A fifth wife

A man is forbidden from marrying a fifth wife. Allaah says, what means,

( Marry the women of your choice: two, three, or four )
[Soorah an-Nisaa' (4):3]

If you have four wives, then it is not permissible for you to marry another woman.

When can you marry her? You can marry her once you are separated from one or more of your current wives by death, divorce, or annulment of the marriage contract.

[3]: Another man's wife

When can you marry her? You can marry her once she is separated from her husband by death, divorce, or annulment of the marriage contract, and she has completed her 'iddah (legislated period of waiting).

[4]: A woman during her 'iddah or istibraa'

Istibraa' is a period of waiting after a khul', or after rape, fornication, etc. when there is a need to ensure the absence of a pregnancy.

When can you marry her? You can marry her once her 'iddah or istibraa' is completed.

[5]: A woman who you fornicated with (may Allaah protect us from such trials)

When can you marry her? You can marry her after sincere repentance, and after she has finished her istibraa' (period of waiting).

[6]: Your ex-wife whom you have divorced three times

When can you marry her? You can marry her only after she (1) finishes her 'iddah, (2) marries another man with a legally binding contract, (3) consummates that marriage, (4) becomes separated from him by way of death, divorce, or annulment of the marriage contract, (5) and then she finishes her 'iddah from that. Allaah the All-Wise says, what means,

( Then she is not permissible for him after that (i.e. the third divorce) until she marries another husband )
[Soorah al-Baqarah (2):230]

[7]: Any woman while you are in a state of ihraam

Once you have entered a state of ihraam for Hajj or 'Umrah, then you are not allowed to marry anyone, due to the statement of the Prophet (sallallaahu 'alayhe wa sallam):

"The muhrim (one in a state of ihraam) is not to marry,
nor is he to propose."
[Saheeh Muslim]

When can you marry her? You can marry her after you finish your rites of Hajj or 'Umrah and are no longer in a state of ihraam.

[8]: Any woman in a state of ihraam

When can you marry her? You can marry her after she finishes her rites of Hajj or 'Umrah and is no longer in a state of ihraam.

[9]: A polytheist woman

Allaah the Exalted says, what means:

( And do not marry the polytheist women until they have belief (i.e. accept Islam) )
[Soorah al-Baqarah (2):221]

When can you marry her? After she has accepted Islam, as mentioned in the verse.

Exempted from this rule are chaste Jewish and Christian women. Allaah says, what means:

( And (permissible for you are) the chaste women from the people of the Book (i.e. Jews and Christians) ) [Soorah al-Maa'idah (5):5]

These are some of the women you are temporarily not allowed to marry, along with mention of how and when it would be permissible to marry them. The women who you are never allowed to marry have been identified in the first part of this article:

[ PART ONE - Women You are Never Allowed to Marry ]

And Allaah the Most High knows best.

 

TEST YOUR UNDERSTANDING

Can a man marry his wife's sister? What is the proof?

Can you marry a woman while you are in a state of ihraam? What if you are not in ihraam but she is? What is the proof? 

RELATED ARTICLES

Remarrying Your Spouse After a Khul'
Shaykh Muhammad Baazmool

The Third and Final Divorce
Shaykh Muhammad Baazmool

Muharramaat (#1): Women You are Never Allowed to Marry

 http://www.bakkah.net/articles/marry-women2.htm

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