Husband being a Mahram to his wife’s maternal aunt

Question:-

I wanted to find out if my husband is a Mahram of my Khala’s while I’m alive?
Would it be okay for her to travel with us using my husband as a Mahram, over Musafir distances?

Answer:-

A Mahram refers to a person that one is never able to marry, either due to a close blood-relationship or, due to marriage, or breastfeeding etc. It is not permissible for a person to be married to his wife and her Khala at the same time. [Re:- Fataawa Fareediyyah Pg.453 Vol.4] However, the moment one’s wife passes away, it is permissible to marry the deceased wife’s Khala. [Re:- Aap Ke Masaa’il Aur Unka Hal Pg.177 Vol.6] Hence, this does not make one a Mahram to his wife’s Khala. In conclusion, since your husband does not become a Mahram to your Khala, it is not permissible for your Khala to travel with him the Safr distance even though you may be present.

لا يجمع بين المراة وعمتها او خالتها (هداية ص308 ج2)

فلا يجوز الجمع بين امراة وعمتها نسبا او رضاعا وخالتها كذلك (عالمكيري ص277 ج1)

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 16 Jumadal Ukhra 1444 / 09 January 2023