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Emergence of a woman during iddat before her sister’s husband

Answered as per Hanafi Fiqh by Fatwaa.com

Assalam-u-Alaikum, During Iddat my younger sister didn’t emerge before the husband of my elder sister. My brother in law (husband of elder sister) made it a serious issue and claimed that he is mahram for her because her elder sister is in my nikah and it is haram for a person to have two sisters in nikah at the same time. Kindly guide us in the light of Shariah. Is that person correct in his claim and also as long as a woman is in the nikah of a man, is that man become mahram for sisters of that woman?

Answer

Wa’alaykum as Salam wa rahmmatullahi wa barakatuhu,

Your sister was correct in front of her brother in law.

It is not permissible for a person to mingle with the sisters of his wife.

Whilst your brother in law is correct in saying that currently it is not permissible for him to marry your younger sister, he will still not be a Mahram for any of his wife’s sisters.    This is because if he ever comes out of the wedlock, then he may marry his ex-wifes sisters. So they are not permanently Haram for him. 

In a narration of Sahih al-Bukhari and Sahih Muslim, the Prophet (sallallahu alayhi wa sallam) said,

الحمو الموت

“A brother in law is death.”

This means that a female should maintain extra caution in her dealings with her brother in law.

Your brother in law should be advised to consult scholars in order to get the correct understanding of Quranic verses. He should not apply his own intellect, and then try to impose his understanding on others.

And Allaah Ta’aala knows best

Wassalaam,

Ismail Moosa (Mufti)

This answer was collected from Fatwaa.com which is an excellent Q&A site managed by Mufti Ismail Moosa from South Africa. .

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