A Marriage and Divorce or Death before or after the Consummation of Marriage then Marries Her Mother or Daughter

“Abu ‘ Abd Allah (a.s.), has said, ‘A mother and daughter are the same if one has not gone to bed with her, that is, if one marries a woman then divorces her before going to bed with her, in such case it is permissible to marry her mother or her daughter.”

“I once asked abu al-Hassan (a.s.), about the case of a man who married a woman in manner of al-Mut‘ah; if it is permissible for him to marry her daughter. He (the Imam) said, ‘No, it is not permissible.’”

“I once asked one of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, about the case of a man who married a woman and looks at her head and a few places of her body; if he could marry her daughter. He (the Imam) said, ‘No, he cannot do so when he has seen what is unlawful for people other than him to look at. It is not lawful for him to marry her daughter.’”

“Once I was with abu ‘Abd Allah (a.s.), when a man came and asked about the case of a man who married a woman but she died before going to bed with her; if he could marry her mother. Abu ‘Abd Allah (a.s.), said, ‘A man from us had done so, thus I do not see it as unlawful.’ I then said, ‘I pray to Allah to keep my soul in service for your cause, al-Shi’ah are only proud of the judgment of Ali (a.s.), on the issue of al-Shamakhiyah about which ibn Mas‘ud had given a Fatwa that said, “It is not harmful”, then he went to Ali (a.s.), and asked him (the Imam) and Ali (a.s.), asked, “From what source did you take it?” He (ibn Mas‘ud) replied, “I took it from the words of Allah, most Majestic, most Glorious, ‘. . . and those who grow in your care from your women with whom you have gone to bed but if you have not gone to bed with them (their mother) then it is not harmful for you . . .’ (4:23)” Ali (a.s.), said, “This (the case in this verse) is an exception (from woman married in general with or without sexual intercourse) and this one is free of such exceptions (that is she is divorced and there is no question about sexual intercourse) and ‘the mother of your women’ in the above verse.’” Abu ‘Abd Allah (a.s.), said to the man, ‘Do you hear what this man is narrating from Ali (a.s.) .’ When I stood up I regretted and said to myself, ‘What did I do?’ He (the Imam) said, ‘A man from us has done so, thus I do not see it as harmful,’ and I say, ‘Ali (a.s.), judged the issue.’ I then met him (the Imam) afterwards and said, ‘I pray to Allah to keep my soul in service for your cause, about the question of that man, my saying that “he says so and so” was a slip from me. What do you say about it?’ He (the Imam) said, ‘O Shaykh, when you narrate to me that Ali (a.s.), judged the issue then why do you ask me about what I say on the case?”’ (One must consult fatwa about the above Hadith)

“About the case of a man who marries a woman and lives with her for many days, unable to do anything except that he has seen from her what is unlawful for others to see; then he divorces her; if he can marry her daughter. He (the Imam) said, ’How can it be proper for him when he has seen of her mother what he has seen?’”