until the waiting period (idda) of the second woman expires. This is so because if he wanted to contract with her sister immediately, it would not be permissible for him until the waiting period of the one he had relations with expires; likewise, intercourse with his wife is not permissible until the waiting period of her sister, whom he had relations with, expires.

1152- Issue: He said: "And if he marries his foster-sister and a marriageable woman (ajnabiyya) in a single contract, the marriage of the marriageable woman is established."

The summary of this is that if he concludes a marriage contract with his sister and a marriageable woman together—such as a man having a sister and a cousin (daughter of a paternal uncle), one of whom is the foster-sister of the person marrying, and he says to him: "I marry you to both of them together," and he accepts that—the text here states the validity of the marriage to the marriageable woman. He explicitly stated in the case of someone who marries a free woman and a slave woman that the marriage to the free woman is established, and he separates from the slave woman. It is said there are two narrations regarding this: one of them is that it is invalid in both cases; this is one of the two opinions of al-Shafi'i and is the choice of Abu Bakr, because it is a single utterance that combined a lawful and an unlawful act, so it is not valid, just as if he combined two sisters. The second [narration] is that it is valid regarding the free woman. This is the more apparent of the two narrations, and it is the opinion of Malik, al-Thawri, and the People of Opinion (Ashab al-Ra'y), because it is a subject capable of marriage to which a contract issued by its authorized agent was added, and no equal [legal obstacle] was combined with it, so it is valid, just as if it were separate. This differs from the contract on two sisters, because there is no preference for one over the other, whereas here the one in whom the marriage is invalid is specified. Therefore, according to this opinion, she is entitled to a portion of the specified dowry according to the proportion of her dowry of a peer (mahr al-mithl). There is another face to this: that she is entitled to half of the specified dowry. The basis of these two faces is: if he marries two women and his marriage to them is permissible with a single dowry, is it divided between them according to the proportion of their dowries, or is it divided in half? There are two faces, the mention of which will follow, if Allah the Exalted wills.