The marriage contract of one who abandons prayer with a Muslim woman
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Question:
A man who does not pray made a marriage contract, then he prayed before consummating the marriage. Is the contract obligatory, even if he left after consummating in the water? He says, may Allah forgive you, a man who does not pray, and he made a contract with a woman, then he prayed before consummating with her.
Answer:
He said, meaning the chapter. Yes, what is the question? He does not pray, meaning he is one who abandons the prayer, and he contracted marriage with a woman, and he participated in the prayer with a Muslim woman. This is not valid, and the contract is not valid. Then he insulted her afterwards. The contract is to be renewed. If he insulted her, the contract is to be renewed from the beginning, because the first contract is not valid. Or, for the sake of finding [a solution], the Exalted said:[Al-Baqarah 2:221] Do not marry polytheists until they believe, and do not marry [them] meaning do not marry the polytheists until they believe. He, Glorified and Exalted is He, said: If you know them to be believers. So do not return them to them, you know [Al-Mumtahanah 60:10] We show you to you [Al-Mumtahanah 60:10] first garment. [Al-Mumtahanah 60:10] So the one who abandons the prayer completely does not deserve a contract with a Muslim woman, but if he has a valid repentance, then he is to be contracted to her. Yes.
The presenter:
May Allah reward you
A man who does not pray made a marriage contract, then he prayed before consummating the marriage. Is the contract obligatory, even if he left after consummating in the water? He says, may Allah forgive you, a man who does not pray, and he made a contract with a woman, then he prayed before consummating with her.
Answer:
He said, meaning the chapter. Yes, what is the question? He does not pray, meaning he is one who abandons the prayer, and he contracted marriage with a woman, and he participated in the prayer with a Muslim woman. This is not valid, and the contract is not valid. Then he insulted her afterwards. The contract is to be renewed. If he insulted her, the contract is to be renewed from the beginning, because the first contract is not valid. Or, for the sake of finding [a solution], the Exalted said:
And do not marry polytheistic men
وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰO you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا جَاءَكُمُ الْمُؤْمِنَاتُ مُهَاجِرَاتٍ فَامْتَحِنُوهُنَّ اللَّهُ أَعْلَمُ بِإِيمَانِهِنَّ فَإِنْ عَلِمْتُمُوهُنَّthen do not return them to the disbelievers;
فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لَاnor are they lawful [husbands] for them
لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّThe presenter:
May Allah reward you
Source
قناة «العلامة الدكتور صالح الفوزان»، اللقاء الأسبوعي-22 من 32-لفضيلة الشيخ صالح بن فوزان الفوزان -حفظه الله- مشروع كبار العلماء — youtube.com (30:24)
The Arabic text is a machine transcription of the audio recording.