Two brothers married two sisters, then it became clear to both of them that each had entered with the one who was not his contracted wife
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Fatwa number ( 8306 )
Q: Two brothers married two sisters on the same night, and in the morning it became clear to both of them that each had entered with the one who was not his contracted wife (the marriage contract) by mistake, meaning: that each one entered with the other’s wife by mistake. What is the legal ruling in this matter, and what is the waiting period for each of them?
A: If the situation is as described: First: It is obligatory to separate each of them from the woman he had intercourse with immediately when it becomes clear that she is not his wife, and she must wait out a menstrual period to ensure she is not pregnant. Second: The principle is that each of them returns to the woman he had contracted to marry after the waiting period, and if it is found that she is pregnant, the child belongs to the one who had intercourse with her; because it is intercourse under a doubt that he believed to be lawful, not intercourse in zina. Third: If each of the two brothers is satisfied with the woman he had intercourse with and she is satisfied with him, each of them divorces his wife and marries the other’s without a waiting period or a check for pregnancy; because the semen is his, and if she becomes pregnant, the child belongs to him in any case. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Two brothers married two sisters on the same night, and in the morning it became clear to both of them that each had entered with the one who was not his contracted wife (the marriage contract) by mistake, meaning: that each one entered with the other’s wife by mistake. What is the legal ruling in this matter, and what is the waiting period for each of them?
A: If the situation is as described: First: It is obligatory to separate each of them from the woman he had intercourse with immediately when it becomes clear that she is not his wife, and she must wait out a menstrual period to ensure she is not pregnant. Second: The principle is that each of them returns to the woman he had contracted to marry after the waiting period, and if it is found that she is pregnant, the child belongs to the one who had intercourse with her; because it is intercourse under a doubt that he believed to be lawful, not intercourse in zina. Third: If each of the two brothers is satisfied with the woman he had intercourse with and she is satisfied with him, each of them divorces his wife and marries the other’s without a waiting period or a check for pregnancy; because the semen is his, and if she becomes pregnant, the child belongs to him in any case. 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.