A father married his daughter to a man before she was divorced from her first husband, and then her first husband divorced her. What is the ruling on her second marriage?
Machine translationRead the Arabic original
The questioner:
She says: I am asking you about a father who married his daughter to a man before she was divorced from her first husband, then he went to her first husband and divorced her from him, and this was after he had married her to that man. What is the ruling on this marriage?
The Shaykh:
If this is true, then this marriage is invalid, and this contract is invalid, because Allah the Exalted said, among the prohibited matters:[An-Nisa 4:24] The married women are the ones who are married. Married women are forbidden until their husbands divorce them and the waiting period prescribed by Allah, Glorified and Exalted is He, has passed. And if the divorce is a final divorce, meaning if he has used up the three divorces, then she is not lawful until she marries another husband. So if she exits the waiting period and marries, she exits the waiting period and marries another husband, and he desires her and has intercourse with her, then he loses interest in her and divorces her, she becomes lawful to the first husband with a new contract. The result is that it is not permissible to marry a woman while she is in the protection of a husband, and this is an invalid marriage. Whoever intends it must be disciplined. Indeed, it is not permissible and the marriage contract is not valid during the waiting period. Allah the Exalted said: [Al-Baqarah 2:235] meaning after the completion of the waiting period. Yes.
The questioner:
Shaykh Salih, she says that she rebuked her father for that action, but he hit her and boycotted her, so people blamed her for her action. Then she returned and married the second man, and her situation is as she described regarding the first man. What should she do now, Shaykh Salih?
The Shaykh:
If the contract, as you mentioned, was concluded while she was in the protection of the first man or in the waiting period, then the contract is invalid, and intercourse based on it is unlawful sexual intercourse, may Allah protect us from it; because it is intercourse without a valid Islamic contract.
The questioner:
Should she stay away from this man, Shaykh Salih, if she did not hear the answer?
The Shaykh:
She returns to the judge, to the qadi.
The questioner:
To the qadi.
The Shaykh:
The qadi, and she tells him her case, and he looks into it, because I am afraid that this statement is not certain.
The questioner:
Mm.
The Shaykh:
But we answered on the assumption that it is true.
The presenter:
Yes, yes.
She says: I am asking you about a father who married his daughter to a man before she was divorced from her first husband, then he went to her first husband and divorced her from him, and this was after he had married her to that man. What is the ruling on this marriage?
The Shaykh:
If this is true, then this marriage is invalid, and this contract is invalid, because Allah the Exalted said, among the prohibited matters:
And [also prohibited to you are all] married women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise.
وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ إِلَّا مَا مَلَكَتْAnd do not determine to undertake a marriage contract until the decreed period reaches its end
وَلَا تَعْزِمُوا عُقْدَةَ النِّكَاحِ حَتَّىٰ يَبْلُغَ الْكِتَابُ أَجَلَهُThe questioner:
Shaykh Salih, she says that she rebuked her father for that action, but he hit her and boycotted her, so people blamed her for her action. Then she returned and married the second man, and her situation is as she described regarding the first man. What should she do now, Shaykh Salih?
The Shaykh:
If the contract, as you mentioned, was concluded while she was in the protection of the first man or in the waiting period, then the contract is invalid, and intercourse based on it is unlawful sexual intercourse, may Allah protect us from it; because it is intercourse without a valid Islamic contract.
The questioner:
Should she stay away from this man, Shaykh Salih, if she did not hear the answer?
The Shaykh:
She returns to the judge, to the qadi.
The questioner:
To the qadi.
The Shaykh:
The qadi, and she tells him her case, and he looks into it, because I am afraid that this statement is not certain.
The questioner:
Mm.
The Shaykh:
But we answered on the assumption that it is true.
The presenter:
Yes, yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، أب زوج ابنته من رجل قبل طلاقها من زوجها الأول، وبعد ذلك طلقها زوجها الأول فما حكم زواجها الثاني؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.