Aslam

Praise be to Allah.Allaah has forbidden a man

to be married to two sisters at the same time. Allaah says, listing the

women who are forbidden for marriage (interpretation of the meaning):

“…and two sisters in

wedlock at the same time, …”

[al-Nisa’ 4:23]

The scholars differed

concerning one who commits zina with his wife’s sister – is zina like

marriage to her or not?

Ibn Qudaamah said in

al-Mughni: If he commits zina with his wife’s sister, Ahmad said: He

should refrain from having intercourse with his wife until three menstrual

cycles have passed.

It may be that her sister

does not become haraam as the result of that, and neither do the other four,

because this is not a marriage, and simply having intercourse does not

prevent marriage (to her relatives), on the basis that intercourse with a

slave woman does not prevent marriage to any the four. End quote.

Those who regarded it as

meaning that he cannot have intercourse with his wife until the woman with

whom he committed zina has completed her ‘iddah quoted two hadeeths as

evidence:

1 – The report that the

Prophet (peace and blessings of Allaah be upon him) said: “Whoever

believes in Allaah and the Last Day, let him not deposit his sperm in the

wombs of two sisters at the same time.”

2 – The report that the

Prophet (peace and blessings of Allaah be upon him) said: “Cursed is

the one who deposits his sperm in the wombs of two sisters at the same

time.”

But there is no basis for

these two hadeeths, so they are fabricated.

Al-Haafiz Ibn Hajar (may

Allaah have mercy on him) said:

There is no basis for

either version.

Ibn al-Jawzi mentioned the

second version, but he did not attribute it to any of the books of hadeeth.

Ibn ‘Abd al-Haadi said: I did not find any isnaad for it after searching for

it in many books. End quote.

Al-Talkhees al-Habeer

(3/343).

The correct view is that

his zina does not make his wife haraam for him, but the 'iddah is obligatory

if she (the other woman) wants to get married after she repents. Her ‘iddah

does not have anything to do with his having intercourse with his wife.

Shaykh Muhammad ibn Saalih

al-‘Uthaymeen (may Allaah have mercy on him) said:

It says in al-Rawd

al-Murbi’ by Shaykh Mansoor al-Bahooti al-Hanbali: The one who has

intercourse with his wife’s sister on the basis of a dubious marriage

contract or blatant zina, his wife become haraam for him, until the woman

with whom he had intercourse completes her ‘iddah.

This means: if a man has

intercourse with his wife’s sister – Allaah forbid – we say to him: Your

wife is haraam for you until the woman with whom you had intercourse

completes the ‘iddah that is required of a woman who commits zina. And if it

so happens that the woman with whom he had intercourse becomes pregnant as a

result, his wife is not permissible for him until the one with whom he had

intercourse gives birth, even if the pregnancy lasts for four years! But we

prefer the first view, which is that zina does not have any effect, because

adultery cannot be regarded in the same terms as a valid marriage. End

quote.

Al-Sharh al-Mumti’

(12/133, 134)

And Allaah knows best.