The marriage contract of an open sinner with a chaste woman
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, if an open sinner marries a chaste woman, is the marriage contract valid with the chaste woman?
The Shaykh:
The Haram.
The questioner:
With the chaste woman, is the contract valid with the forbidden one?
The Shaykh:
The contract is valid, but the option remains; the option remains. Since the open sinner is a Muslim, his contract with the committed one is valid; his contract with the committed one is valid, but he retains the option.
Is this a defect? A defect in religion, except for the fornicator. The fornicator, if he commits this, as Allah the Exalted said:[An-Nur 24:3] and the female fornicator is not to be married except to a male fornicator or an idolater. The male fornicator is not to be married to a chaste woman, and likewise the chaste woman is not to be married to a male fornicator. As for open sinfulness other than fornication, this is a weakness. Yes.
Honorable Shaykh, if an open sinner marries a chaste woman, is the marriage contract valid with the chaste woman?
The Shaykh:
The Haram.
The questioner:
With the chaste woman, is the contract valid with the forbidden one?
The Shaykh:
The contract is valid, but the option remains; the option remains. Since the open sinner is a Muslim, his contract with the committed one is valid; his contract with the committed one is valid, but he retains the option.
Is this a defect? A defect in religion, except for the fornicator. The fornicator, if he commits this, as Allah the Exalted said:
The fornicator does not marry except a [female] fornicator or polytheist, and none marries her except a fornicator or
الزَّانِي لَا يَنكِحُ إِلَّا زَانِيَةً أَوْ مُشْرِكَةً وَالزَّانِيَةُ لَا يَنكِحُهَا إِلَّا زَانٍ أَوْ
Source
قناة «العلامة الدكتور صالح الفوزان»، 121 من 175 /شرح بلوغ المرام/النكاح/الكفاءة والخيار/صالح الفوزان/الحديث/كبار العلماء — youtube.com (49:58)
The Arabic text is a machine transcription of the audio recording.