https://www.youm7.com/story/2017/9/21/كتب-الشافعية-والحنابلة-والأحناف-تكشف-نكاح-الزوجة-الميتة-ليس-زنا/3423548
Shafi'i, Hanbali and Hanafi books reveal:
Marriage to a dead wife is "not adultery"
The assertions of Sheikh Sabri Abdel Raouf, the bomber of the fatwa of the marriage of the dead wife, that it is not his fatwa but rather its transmission from the books of the previous imams, prompted “The Seventh Day” to search for the origin of these heritage books, and it was a surprise that the man did not say an order from him, but rather transmitted it. From the books he already said.
We searched for his first book, which is “Explanation of Mukhtasar al-Khalil fi al-Maliki Jurisprudence.” The matter was easy, in search of the “chapter of adultery” and what is related to it, which defines the idea of “adultery” and what are the matters related to it, and to whom the hadd punishment should be applied, and the text was as follows As for the husband, if he has intercourse with his wife after her death, in her vagina or anus, then there is no punishment for him.
So this is the first of the texts that Sheikh Sabri Abdel Raouf told us, in which he relied on his statement or fatwa, the husband who came to the wife after her death, in any way, because it is not adultery, and the hadd punishment is not applied in it!.
1- Abbreviated-Hebron-for Kharshi
As for the book “Jahd al-Muhtaj fi Sharh al-Minhaj” by the Shafi’is, it also said: “There is no punishment for slowing down a dead animal according to the more correct opinion.” about it, and the perpetrator is either excused or punished.”
Here the Shafi’is are more clear, but this is what Sheikh Sabri Abdel Raouf said, that it is an act that is not in the nature of humans, and they are alienated from it, and it is likened to drinking urine, so there is no need to put a general penalty, but rather it is a punishment that is left to the ruler.
Singer in need to know the meanings of the words of the curriculum
As for Ibn Qudamah’s book, Al-Mughni, he said that the matter has two sides, one of which is that it is forbidden, and one of them is that it does not spread the prohibition, which is the saying of Abu Hanifa and Al-Shafi’i, meaning that Ibn Qudamah Al-Maqdisi here says that Abu Hanifa and Al-Shafi’i said the matter is that it is not forbidden.
Al-Mughni-by-Ibn-Qudamah
It was not difficult to search for the books on which Sheikh Sabry Abdel Raouf relied. It was easy and easy. The books of the Hanafis, Shafi’is, and Maliki schools of jurisprudence said it, and it is a larger issue than Professor Dr. at Al-Azhar University, “The Issue of Heritage Books” with everything in it.