He said before proposing to her that she is forbidden to him, like the flesh of his father
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Fatwa No. ( 3762 )
Q: I have a cousin (daughter of my paternal uncle) whom I wished to marry. When I went to ask my uncle for her hand, he replied to me: "Let her finish her studies first." I became upset by this statement, left my uncle, and went away. My brother heard about this and said to me: "Why are you doing this and leaving your cousin? You should go back to your uncle again, perhaps he will give her to you." So I said: "She is forbidden to me, like the flesh of my father." After a long time, I regretted what I did and wished to marry my cousin. O honorable Shaykh: Does what I said distance me from her? I know that no marriage contract was made for me with her, and I did not give any word that she was mine. Rather, when I proposed to her, her father replied that the girl is studying, so he would not give me any word until she finishes her studies. Does my previous statement: "She is forbidden to me, like the flesh of my father" distance me from her or not?
A: If the situation is as described, it is permissible for you to marry her. It is obligatory for you, if you marry her, to pay the expiation for an oath; because that is equivalent to an oath,
and it is not zihar, since it came from you regarding her before the marriage contract. The expiation for an oath is: feeding ten poor people from the middle of what you feed your family, giving each of them half a sa' of rice or similar, from what is usually eaten, or clothing them, or freeing a slave. If you cannot do all of that, then you fast for three days. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have a cousin (daughter of my paternal uncle) whom I wished to marry. When I went to ask my uncle for her hand, he replied to me: "Let her finish her studies first." I became upset by this statement, left my uncle, and went away. My brother heard about this and said to me: "Why are you doing this and leaving your cousin? You should go back to your uncle again, perhaps he will give her to you." So I said: "She is forbidden to me, like the flesh of my father." After a long time, I regretted what I did and wished to marry my cousin. O honorable Shaykh: Does what I said distance me from her? I know that no marriage contract was made for me with her, and I did not give any word that she was mine. Rather, when I proposed to her, her father replied that the girl is studying, so he would not give me any word until she finishes her studies. Does my previous statement: "She is forbidden to me, like the flesh of my father" distance me from her or not?
A: If the situation is as described, it is permissible for you to marry her. It is obligatory for you, if you marry her, to pay the expiation for an oath; because that is equivalent to an oath,
and it is not zihar, since it came from you regarding her before the marriage contract. The expiation for an oath is: feeding ten poor people from the middle of what you feed your family, giving each of them half a sa' of rice or similar, from what is usually eaten, or clothing them, or freeing a slave. If you cannot do all of that, then you fast for three days. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.