Marriage with Two Sisters at the Same Time: Free or Slave-girls

“Abu Ja‘far (a.s.), has said that ’Amir al-Mu’minin (a.s.), issued a judgment about the case of two sisters, of whom one had married a man who divorced her, and she was pregnant, then proposed marriage to her sister and married her before her divorced sister gave birth, he (the Imam) commanded them to separate from the one married last until her sister gives birth, then he can propose marriage to her and assign mahr (dower) for her twice.’”

“I once asked abu Ja’far (a.s.), about the case of a man who marries a woman and then comes to a land where he marries her sister but he does not know. He (the Imam) said, ’He can keep whichever he wants and allow the other one to go.’”

“About the case of a man who marries two sisters in one marriage, one of the two Imam, (abu Ja’far or abu ’Abd Allah), ‘Alayhim al-Salam, has said, ‘He has the choice to keep whichever he wants and allow the other one to go.’ About the case of a man who had a slave-girl with whom he went to bed, then bought her mother or her daughter, he (the Imam) said, ’She is unlawful for him forever.’”

“This is concerning my question before abu Ja’far (a.s.), about the case of a man who marries in Iraq a woman; then goes to al-Sham (Syria) and marries another there who is the sister of the one in Iraq. He (the Imam) said, ‘He must separate from the one in al-Sham and must not go close to the woman until waiting period of the woman in al-Sham is complete.’ I then asked, ‘What happens if one marries a woman then marries her mother in ignorance?’ He (the Imam) said, ‘Allah has exempted people in their ignorance.’ Then he (the Imam) said, ‘When he comes to know that she is her mother he must not go close to her as well as to her daughter until waiting period of the mother is complete and when waiting period of mother is complete marriage with daughter becomes lawful.’ I then asked, ‘What happens if the mother gives birth?’ He (the Imam) said, ‘He is his child and thus his son becomes brother of his wife.’”

“I read in the letter of a man to al-Rida’ (a.s.), that said, ‘I pray to Allah to keep my soul in service for your cause, if a man marries a woman in the manner of Mut‘ah for an appointed time which expires; if he can marry her sister before her sister completes her waiting period.’ He (the Imam) had written to him, ‘It is not lawful for him to marry before her waiting period is complete.’”

“This is concerning my question before abu ‘ Abd Allah (a.s.), about the case of a man whose wife divorces him in the manner of al-Khula‘ (payment for divorce); if it is permissible to propose marriage to her sister before her waiting period is complete. He (the Imam) said, ‘Since she has set herself free and there is no chance to go back, it is lawful for him to propose marriage to her sister.’ He (the narrator) has said that he (the Imam) was asked about the case of a man who had two sisters as his slave-girls. He goes to bed with one of them then he goes to bed with the other one. He (the Imam) said, ‘When he goes to bed with the other one, the first one becomes unlawful for him until the other one dies.’ I then asked, ‘What happens if he sells her?’ He (the Imam) said, ‘If he sells her because of a reason without anything in his mind about the other slave-girl, then I do not see it as harmful, but if he sells her so he can go to the first one, then it is not permissible.’”

“About the case of a man who divorces his wife or she arranges for al-Khula (payment for divorce) or she becomes a stranger to him; if he can marry her sister. He (the Imam) said, ‘When she has freed herself from responsibility and he is not able to go back to her, it then is permissible for him to propose marriage to her sister.’ He (the narrator) has said that he (the Imam) was asked about the case of a man who has two sisters as his slave-girls. He goes to bed with one of them, then he goes to bed with the other one. He (the Imam) said, ‘When he goes to bed with the other one the first one becomes unlawful for him until the other one dies.’ I then asked, ‘What happens if he sells her?’ He (the Imam) said, ‘If he sells her because of a reason without anything in his mind about the other slave-girl, then I do not see it as harmful; but if he sells her so he can go to the first one, then it is not permissible and it is not honorable.’”

“About the case of a man who divorces his wife and she is pregnant; if he can marry her sister before she gives birth, he (the Imam) (a.s.), has said, ‘He must not marry her until her time is complete.’”

“This is concerning my question before abu al-Hassan (a.s.), about the case of a man who divorces a woman; if he can marry her sister. He (the Imam) said, ‘No, he cannot do so until her waiting period is complete.’ He (the narrator) has said, ‘I asked him (the Imam) about the case of a man who owns two sisters; if he can go to bed with both of them. He (the Imam) said, ‘He can go to bed with one of them. When he goes to bed with the second one, the first one becomes unlawful for him until the second one dies or separates from her and he cannot sell the second in order to go to the first one unless he sells for a reason or gives her in charity or she dies.’ He (the narrator) has said, ‘I asked him (the Imam) about the case of a man who had a woman who died; if he could marry her sister. He (the Imam) said, ‘He can do so at the same hour if he likes.’”

“This is concerning my question before abu ‘ Abd Allah (a.s.), about the case of a man who has a slave-girl and sets her free. She then marries and gives birth; if her first master can marry her daughter. He (the Imam) said, ’She is unlawful for him because she is his daughter, free and slaves are the same in this issue.’ Then he (the Imam) read this verse, . . the ones who grow in your care from your wives.’ (4:23)” Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from al-’Ala’ ibn Razin from Muhammad ibn Muslim from one of the two Imam, (abu Ja’far or abu ‘Abd Allah) (a.s.), a similar Hadith.

“I once asked al-Rida’ (a.s.), about the case of a man who had a slave-girl who had a daughter. He falls on her (for sexual intercourse); if he could fall on her daughter. He (the Imam) said, ‘Does a man of good deeds marry his own daughter?”’

“About the case of a man who has a slave-girl with whom he has gone to bed; if he can marry her daughter, he (the Imam) said, ‘No, he cannot do so because of the words of Allah, most Majestic, most Glorious, “. . . those who grow in your care . . .” (4:23)’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who divorces his wife and they become strangers to each other. She has a daughter who is a slave and he buys her; if he can go to bed with her. He (the Imam) said, ‘No, he cannot do so.’ I asked him (the Imam) about the case of a man who has a slave-girl and her daughter and he goes to bed with one of them, then she dies and the other is living; if he can go to bed with her. He (the Imam) said, ‘No, he cannot do so.’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who buys two sisters and goes to bed with one of them, then goes to bed with the other due to ignorance. He (the Imam) said, ‘If he has gone to bed with the other due to ignorance the first one does not become unlawful for him but if he goes to bed with the other knowing that it is unlawful, both of them become unlawful for him.’”