The Ruling on the Marriage Contract with a Menstruating or Pregnant Woman
Machine translationRead the Arabic original
The questioner:
May Allah reward you. This is another questioner who says: What is the ruling on the marriage contract with a woman while she is menstruating, and likewise with a pregnant woman?
The Shaykh:
There is nothing wrong with the marriage contract with a menstruating woman if her divorce was final and this menstruation is not part of the waiting period. If she has exited the waiting period and menstruation comes to her after the waiting period, there is nothing wrong with contracting marriage with her. Purity is not a condition for the marriage contract, but he must not approach her until she becomes pure and performs the full ritual bath.
The questioner:
And likewise with a pregnant woman.
The Shaykh:
As for a pregnant woman, if she is divorced or her husband has died, it is not permissible; because she has a waiting period until she delivers the pregnancy,[At-Talaq 65:4]. Yes.
May Allah reward you. This is another questioner who says: What is the ruling on the marriage contract with a woman while she is menstruating, and likewise with a pregnant woman?
The Shaykh:
There is nothing wrong with the marriage contract with a menstruating woman if her divorce was final and this menstruation is not part of the waiting period. If she has exited the waiting period and menstruation comes to her after the waiting period, there is nothing wrong with contracting marriage with her. Purity is not a condition for the marriage contract, but he must not approach her until she becomes pure and performs the full ritual bath.
The questioner:
And likewise with a pregnant woman.
The Shaykh:
As for a pregnant woman, if she is divorced or her husband has died, it is not permissible; because she has a waiting period until she delivers the pregnancy,
And for those who are pregnant, their term is until they give birth
وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ
Source
نور على الدرب - الفوزان - 02/256 — archive.org (5:47)
The Arabic text is a machine transcription of the audio recording.