The Marriage Contract Before Tawhid and the Ruling on Renewing It
Machine translationRead the Arabic original
The questioner:
The questioner: A man was a supervisor of the grave-diggers who would visit the graves and invoke them other than Allah. Then he contracted marriage with his uncle’s daughter through a *shighar* (exchange) marriage. Afterwards, he repented to Allah and became one of the monotheists. Does he have to renew that contract or not?
The Shaykh:
If he contracted the marriage while he was a polytheist and she was a Muslim, the contract is invalid. They are all deceased. And if they were all upon shirk (associating partners with Allah), the contract is valid if the *shighar* was equal; but if the *shighar* was not equal,
The questioner:
They all became monotheists, O Shaykh.
The Shaykh:
Renew the marriage.
The questioner:
and they married her while they had something with her, all of them. Yes, they married in the state of *shirk*, all of them.
The Shaykh:
It may be said that the Messenger (peace and blessings be upon him) approved the marriages of the polytheists when they embraced Islam; he (peace and blessings be upon him) did not look into them. So if they were polytheists, he approved their marriages. Yes.
Another questioner:
And if he does not pray.
The Shaykh:
It is not permissible for him to marry the Muslim woman.
Another questioner:
He married and had children.
The Shaykh:
Renew it, renew it, so that his children are legitimate for him.
Another questioner:
Children, children.
The Shaykh:
He is older, but the marriage is invalid after his repentance. We ask Allah for guidance for us and for him. Yes.
The questioner: A man was a supervisor of the grave-diggers who would visit the graves and invoke them other than Allah. Then he contracted marriage with his uncle’s daughter through a *shighar* (exchange) marriage. Afterwards, he repented to Allah and became one of the monotheists. Does he have to renew that contract or not?
The Shaykh:
If he contracted the marriage while he was a polytheist and she was a Muslim, the contract is invalid. They are all deceased. And if they were all upon shirk (associating partners with Allah), the contract is valid if the *shighar* was equal; but if the *shighar* was not equal,
The questioner:
They all became monotheists, O Shaykh.
The Shaykh:
Renew the marriage.
The questioner:
and they married her while they had something with her, all of them. Yes, they married in the state of *shirk*, all of them.
The Shaykh:
It may be said that the Messenger (peace and blessings be upon him) approved the marriages of the polytheists when they embraced Islam; he (peace and blessings be upon him) did not look into them. So if they were polytheists, he approved their marriages. Yes.
Another questioner:
And if he does not pray.
The Shaykh:
It is not permissible for him to marry the Muslim woman.
Another questioner:
He married and had children.
The Shaykh:
Renew it, renew it, so that his children are legitimate for him.
Another questioner:
Children, children.
The Shaykh:
He is older, but the marriage is invalid after his repentance. We ask Allah for guidance for us and for him. Yes.
Source
فتاوى الحج 1410 هـ - 10 — archive.org (1:07:58)
The Arabic text is a machine transcription of the audio recording.
