Does his wife become haraam for him if he commits zina with her sister?

 

If a man commits zina with his wife’s sister, does his wife become haraam for him?.

Praise be to Allaah.

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.