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Fatwa CenterMarrying the daughter of one's divorcee with whom marriage was consummated
Question
A man married a woman and divorced her after consummating the marriage with her and then she married another man. Is it permissible for her former husband to marry her daughter from her second husband?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
You are not permitted to marry the daughter of your divorcee with whom you consummated the marriage, whether that daughter was born before or after your marriage to her mother. This is because daughters become unmarriageable by consummating marriage with their mothers, and mothers become unmarriageable by concluding a marriage contract with their daughters. Mentioning the unmarriageable women, Allaah The Almighty Says (what means): {…..and your wives' mothers, your stepdaughters, under your guardianship, born of your wives to whom you have gone in, but there is no sin on you if you have not gone in them (to marry their daughters..} [Quran 4:23]
If you argue that she is not under your guardianship, the verse here mentions the most common case and exceptions are not regarded in this respect. Consequently, the stepdaughter, whether she is brought up in the house of the man who marries her mother or not, is unlawful in marriage to him. The scholars unanimously agreed on this.
Allaah Knows best.
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