Question:
A man committed adultery with his sister-in-law. Is his nikah with his wife cancelled?
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Answer:
First and foremost it should be known that this man and woman have committed a grave sin and should repent as soon as possible with the firm intention of never repeating this sin again.
As far as the question of the wife is concerned, she is not haram for this man.
In Durr al-Mukhtar Ghayatul Awtar v.2 p.17, it is stated:
“Adultery with wife’s sister does not make wife haram.”
However, there is an issue which has to be addressed. This is related to whether he can have physical relations with his wife right after committing adultery with sister-in-law or not. There is a difference of opinion among the imams.
Here we will see what is mentioned in Fatawa Uthmani v.2, p.253 (footnote):
“There are 2 verdicts on this issue from Imam Ahmed ibn Hanbal:
1) In the case of adultery with sister-in-law, it is wajib to stay away from the wife till the sister-in-law’s three menstrual cycles. This means that ‘iddah in this case for zina is the same as that of nikah.
2) It is wajib to stay away from the wife till the sister-in-law undergoes one menstrual cycle.
3) Hanbali fuqaha have stated a third position as a presumption which is an indication for its weakness. That position is that in such a situation nothing is wajib. Some fuqaha of the hanbali madhhab have not even mentioned this ruling.
(Al-Mughni v.9, p.479-480)
For Imam Shaf’I (ra) abstaining from sexual contact till sister-in-law passes one menstrual cycle is mustahab (Mughni al Muhtaj v.3 p.180)
As far as the hanafi opinion on this matter is concerned, there are two views. One opinion is quoted in Shami v.6 p.380 which is that the purification period is mustahab. However, another view is quoted in Durayah an al-Kamil that the purification period is wajib. This matter is also mentioned in al-Natf fi al-Fatawa, Kitab al-Nikah p.189.”
There is an opinion among the hanbali stating it is wajib to stay away from the wife for one menstrual cycle and this coincides with one of the opinions of the hanafis. Thus as a precaution one should adhere to this opinion.
Hence Mufti Shafi’ Uthmani, in Imdad al-Mufti’een p.462-463 concludes:
“These traditions show that the wife is not haram for the man who committed zina with his sister-in-law but it is wajib for him to stay away from his wife till the sister-in-law has one menstrual cycle.”
As a precaution it is best to stay away from any sexual contact with the wife till sister-in-law undergoes one menstrual cycle.
And Allah (swt) knows best.
