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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Marrying the wife of a deceased brother while she has not completed the waiting period

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Q: In the year 1397 AH, in the month of (7) , I married a woman after my brother's death, and the remainder of her waiting period was about a month. This was due to my ignorance and her ignorance of the legal ruling, as we were living in the desert, far from knowledge of the legal rulings. Also, the woman herself did not observe the waiting period for the death of her deceased husband, and I entered into relations with her immediately after the marriage. No pregnancy resulted from that intercourse to this day. After a long time, the rulings regarding the waiting period and those observing it became clear to me, so I mentioned the legal violation we had committed. I ask you, may Allah reward you, to clarify this ruling as soon as possible, and in an official capacity, due to the effects that have resulted for the couple.
psychologically, may Allah guide you and keep your steps firm on the path of good.

A: If the situation is as described, then the aforementioned contract is not valid; because it was contracted during the waiting period of death. Therefore, it must be renewed with a guardian and two just witnesses, if they wish to resume the marital relationship.

Source www.alifta.gov.sa

The Arabic text is copied verbatim from the original source, without any edits.

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