Marrying the sister of his ex-wife

Dear Brothers & Sisters,
As-Salaamu-Alaikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Is it permissible for a man to marry the sister of his former wife, when the ‘iddah of the former wife has ended and if the first wife is still alive? Because the prohibition applies to being married to two sisters at the same time, and the former wife is alive.

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

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Answer:

Praise be to Allaah.

Yes, it is permissible to marry the sister of one's former wife, on condition that the ‘iddah of the first wife has ended. The evidence for that is the verse (interpretation of the meaning):

“Forbidden to you (for marriage) are: … and two sisters in wedlock at the same time”

[al-Nisa’ 4:23]

It was narrated that ‘Ubaydah al-Salmaani said: “The Sahaabah did not agree on anything so unanimously as they agreed upon four (rak’ahs of Sunnah prayer) before Zuhr, and that a woman should not be taken in marriage during the ‘iddah of her sister.”

The prohibition applies when the marriage is still in effect, but now the relationship with the first wife has ended through divorce (talaaq).

And Allaah knows best.

See al-Mughni, 7/68-69.

Whatever written of Truth and benefit is only due to Allah's Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam

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