A man proposing to his brother’s fiancée
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Fatwa number ( 8042 )
Q: We are here in France and we do not have a mufti here, so we are turning to you with this message to seek your ruling on this issue, which is as follows: A dispute arose between two brothers regarding the proposal for a woman. The first suitor had proposed to a daughter (a girl) three years ago and had reached a complete agreement with her parents. In the last year, the first suitor was compelled to hold the wedding. At the last moment, his brother intervened and proposed for his own son. A quarrel broke out between us. Does the first one have the right, or the second? The second suitor caused fitnah (trial, discord or temptation) and transgressed, and the family is today in a state of division and fitnah. Who has the right, the first suitor or the second suitor? Finally, may Allah reward you with good.
A: The first suitor is the one who has the right to this woman in terms of marrying her, and it is not permissible for the second to propose over his brother’s proposal if he knows that he has proposed to her and that they have given him [the agreement], as stated in (Sahih al-Bukhari ) and (Sunan
al-Nasa'i ), and (Musnad Imam Ahmad ) from 'Abdullah ibn 'Umar (may Allah be pleased with them both), that the Messenger of Allah (peace and blessings be upon him) said:Sunan an-Nasa'i 3243Sahih (Darussalam) . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We are here in France and we do not have a mufti here, so we are turning to you with this message to seek your ruling on this issue, which is as follows: A dispute arose between two brothers regarding the proposal for a woman. The first suitor had proposed to a daughter (a girl) three years ago and had reached a complete agreement with her parents. In the last year, the first suitor was compelled to hold the wedding. At the last moment, his brother intervened and proposed for his own son. A quarrel broke out between us. Does the first one have the right, or the second? The second suitor caused fitnah (trial, discord or temptation) and transgressed, and the family is today in a state of division and fitnah. Who has the right, the first suitor or the second suitor? Finally, may Allah reward you with good.
A: The first suitor is the one who has the right to this woman in terms of marrying her, and it is not permissible for the second to propose over his brother’s proposal if he knows that he has proposed to her and that they have given him [the agreement], as stated in (Sahih al-Bukhari ) and (Sunan
al-Nasa'i ), and (Musnad Imam Ahmad ) from 'Abdullah ibn 'Umar (may Allah be pleased with them both), that the Messenger of Allah (peace and blessings be upon him) said:
or for a man to propose marriage to a woman when someone else has already proposed to her, unless the previous suitor gave up the idea or gave him permission.
لا يخطب الرجل على خطبة الرجل حتى يترك الخاطب قبله أو يأذن له الخاطب
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.