‘Amr b. Shu’aib, on his father’s authority, said that his grandfather reported God’s Messenger as saying, “If any man marries a woman and cohabits with her it is not lawful for him to marry her daughter, but if he does not cohabit with her he may marry her daughter; and if any man marries a woman it is not lawful of him to marry her mother whether he has cohabited with her or not.”
Tirmidhi transmitted it, saying this is a tradition which is not sound, with respect to its isnad. It is transmitted only by Ibn Lahi'a and al-Muthanna b. as-Sabbah on the authority of ‘Amr b. Shu’aib, and they are both declared to be weak in tradition.
Seven classes of women are prohibited by reason of consanguinity and seven by reason of relationship by marriage. He then recited, "Prohibited to you are your mothers ...” (Al-Qur’an 4:23).
Narrated Jabir declared that the Jews used to say:
“When a man has intercourse with his wife through the vagina, but being on her back, the child will have a squint,” so the verse came down, “Your wives are a tilth to you, so come to your tilth however you will” (Al-Qur’an 2:223).
In Sharh as-sunna it is related that the Prophet restored a number of women to their husbands by the first marriage when they had both accepted Islam after the change of religion and dwelling. Among them was the daughter of al-Walid b. Mughira, the wife of Safwan b. Umayya. She accepted Islam on the day of the Conquest, but her husband fled from Islam. Then his cousin Wahb b. ‘Umair was sent to him with God’s Messenger’s cloak as a guarantee of security to Safwan, and when he came God’s Messenger granted him a respite of four months before accepting Islam, so she stayed with him. Umm Hakim daughter of al-Harith b. Hisham, the wife of Ikrima b. Abu Jahl, accepted Islam in Mecca on the day of the Conquest, but her husband fled from Islam and went to the Yemen. Umm Hakim journeyed and came to him in the Yemen, and when she invited him to accept Islam he did so, and they remained married.
Malik transmitted it in mursal form on the authority of Ibn Shihab.
