1155 - Issue: He said: "And there is no harm in gathering between a man's wife and her daughter from someone else."
Most scholars of knowledge consider gathering between a woman and her stepdaughter permissible, with no harm in it. This was practiced by Abdullah ibn Ja'far and [Abdullah ibn] Safwan ibn Umayyah. All other jurists have also expressed this view, with the exception of al-Hasan, 'Ikrimah, and Ibn Abi Layla. It was reported from them that they disliked it, for if one of them were a male, the other would be prohibited to him, thus resembling the case of a woman and her paternal aunt. Our position is based on the saying of Allah the Exalted: "And lawful to you are [all others] beyond these" (Surah an-Nisa: 24). Furthermore, there is no kinship between them, so they resemble two unrelated women. The prohibition of gathering [two women] was established out of fear of severing the ties of kinship, which is close between related women, but there is no kinship between these two, and by this, it differs from the case they mentioned.
Section: If a man had a son from other than his wife, and she had a daughter from other than him, or if he had a daughter and she had a son, it is permissible to marry one to the other according to the view of the general body of jurists. It has been narrated from Tawus that he disliked it if it was from what the woman bore after the husband had had intercourse with her. The first view is more appropriate due to the generality of the verse and the meaning we have mentioned, for there is neither lineage nor a cause between them that necessitates prohibition. The fact that he is a brother to her sister—the Law has not indicated that this is a cause for prohibition; therefore, it remains upon the state of permissibility due to the generality of the verse. Whenever the woman bears a child from that man, he becomes a paternal uncle and a maternal uncle to the children of them both.
Section: If he marries a woman, her mother and her daughter are not prohibited to his father or his son. So whenever he marries a woman...
(1) Omitted from [M]. He is the Jumahi, who was killed with Abdullah ibn al-Zubayr in the year seventy-three. Al-'Ibar 1/82. (2) In the original: "ruwiya" (it was narrated). (3) In [M]: "karahiyatihi" (disliking it). (4) Surah an-Nisa: 24. (5) Omitted from [B]. (6) In [M]: "al-rajul" (the man). (7) In the original: "akthar" (the majority). (8) In [A] and [M]: "fabqiya" (so it remains).
