the maternal aunt of one would also be the maternal aunt of the other. This is unlike the case where they are brothers through their father alone: the maternal aunt of one would not be the maternal aunt of the other; rather, she would be his paternal aunt.

According to the imams of the Muslims, being married simultaneously to a woman and her father’s maternal aunt, her mother’s maternal aunt, her father’s paternal aunt, or her mother’s paternal aunt is like being married simultaneously to a woman and her own paternal or maternal aunt. They unanimously agree that this is forbidden.

If he marries one after the other, the second marriage is void and requires no divorce to dissolve it. The contract creates no entitlement to a dower or inheritance, and he may not consummate the marriage with her. If he has consummated it, he must separate from her, just as he must keep apart from a woman to whom he is not married. If he wishes to marry the second woman, he must separate from the first; once her waiting period has ended, he may marry the second.

If he marries the second woman during the first woman’s waiting period following a revocable divorce, the second contract is invalid by agreement of the imams. If the divorce is irrevocable, this is not permissible according to the schools of Abū Hanīfa and Ahmad, but it is permissible according to the schools of Mālik and al-Shāfiʿī.

If he divorces her once or twice without compensation, the divorce is revocable, and marriage to the second woman is invalid until the first woman’s waiting period has ended, by agreement of the imams. If he nevertheless marries the second woman, he may not consummate the marriage with her. If he has intercourse with her under this invalid marriage, he must keep apart from her, for she is not his lawful wife. He may not enter into a marriage contract with her until the waiting period of the first, divorced woman has ended, by agreement of the imams.

May he marry this woman, with whom he had intercourse under an invalid marriage, during her waiting period resulting from that intercourse? The scholars hold two views:

The first: It is permissible. This is the position of the schools of Abū Hanīfa and al-Shāfiʿī.

The second: It is not permissible. This is the position of Mālik’s school. Both views are found in Ahmad’s school.