Fatwa #4714210 February 2021United States of America
Marrying two sisters at the same time
Question
I didnt know it was impermissible to marry my sisters husband while she is still alive or with him still. My brother inlaw has already done nikkah with me but we had hid it with the family. He lives with her and has kids. When i got pregant he aborted my child because he did not want to tell the family that he is the father of the baby. I just learned that it is not allowed for a man to marry 2 sisters. So is my nikkah valid? What if nikkah is done and now i find out its not allowed in islam?
And in another situation.... if he has given her talaq many times but says he was in anger, is talaq done. Like one or two talaqs in about 20 different situations. So is he still married to her? He says it was in anger and he did not mean talaq and was just saying to stop the fights.
If he is not married to her because of the divorce and i married my brother in law in between then my nikkah would be valid right?
Please give answers in both situations. JazzakAllah
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykumwa-rahmatullāhiwa-barakātuh.
We take note of the contents of your query.
It is harām for your brother in law to get married to you whilst being married to your sister. This is clearly mentioned in the Qur’an, which states when discussing those one is prohibited to marry. Consider the following verse:
وَأَنْ تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ إِلَّا مَا قَدْ سَلَفَ (سورة النساء 23)
Translation: “Forbidden upo you… is that you join two sisters in wedlock (also in the bond of marriage) at the same time.”
Both you and your brother in law should repent sincerely from this grave sin and seek Allāh Ta'āla’s forgiveness.
In order for us to advise you regarding your husband issuing divorce to his first wife (your sister) and the validity of your nikāh with him, kindly mention the timeline of the events that occurred. When did he marry you? When did he divorce his first wife and how many times?
And Allah Ta’āla Knows Best
Ikraam Elias Gangat
Student Darul Iftaa
Zambia
Checked and Approved by,
Mufti Ebrahim Desai.