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Hadith 34908
Yahya related to me from Malik from Yahya ibn Said that Zayd ibn
Thabit asked whether it was halal for a man who married a woman and
then separated from her before he had cohabited with her, to marry her
mother. Zayd ibn Thabit said, "No. The mother is prohibited
unconditionally. There are conditions, however about foster-mothers."
Muwatta Malik Book 28, Hadith 23
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Yahya related to me from Malik from Yahya ibn Said that Said ibn
al-Musayyab said, "It is forbidden to be married to a woman and her
paternal or maternal aunt at the same time, and for a man to have
intercourse with a female slave who is carrying another man's child." Muwatta Malik Book 28, Hadith 22
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Yahya related to me from Malik from more than one source that
when Abdullah ibn Masud was in Kufa, he was asked for an opinion about
marrying the mother after marrying the daughter when the marriage with
the daughter had not been consummated. He permitted it. When Ibn Masud
came to Madina, he asked about it and was told that it was not as he
had said, and that this condition referred to foster-mothers. Ibn
Masud returnedto Kufa,and he had just reached his dwelling when the
man who had asked him for the opinion came to visit and he ordered him
to separate from his wife.
Malik said that if a man married
the mother of a woman who was his wife and he had sexual relations
with the mother then his wife was haram for him, and he had to
separate from both of them. They were both haram to him forever, if he
had had sexual relations with the mother. If he had not had relations
with the mcther, his wife was not haram for him, and he separated from
the mother.
Malik explained further about the man who married
a woman, and then married her mother and cohabited with her, "The
mother will never be halal for him, and she is not halal for his
father or his son, and any daughters of hers are not halal for him and
so his wife is haram for him."
Malik said, "Fornication
however, does not make any of that haram because Allah, the Blessed,
the Exalted, mentioned 'the mothers of your wives,' as one whom
marriage made haram, and he didn't mention the making haram by
fornication. Every marriage in a halal manner in which a man cohabits
with his wife, is a halal marriage. This is what I have heard, and
this is how things are done among us." Muwatta Malik Book 28, Hadith 24