The marriage of a man to a woman with whom he committed zina (unlawful sexual intercourse) while she is pregnant, and the attribution of the child born of zina
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The questioner:
He says: Honorable Shaykh, may Allah grant you success. A man committed zina with a woman, and she became pregnant from him. The man wants to marry her, even though he has repented to Allah. Is it a condition that she give birth, or is it not a condition?
The Shaykh:
It is not permissible for a Muslim to marry a woman who has committed zina except under two conditions. The first condition is that she repents with a valid repentance from zina, abandons it, feels remorse for it, and resolves not to return to it.
The second condition is that she observe the waiting period ('iddah). It is necessary for her to observe the waiting period so that she is not pregnant from the zina. It is necessary for her to wait for three menstrual cycles. If these two conditions are met, the marriage is permissible. However, as long as she has not done so, it is not permissible to marry her, due to the saying of Allah the Exalted:[An-Nur 24:3].
Yes, it is not permissible to marry her, and this pregnancy is not from him; it is not attributed to him. This is a child of illicit intercourse. It may be from someone else, as long as she was committing zina. What makes you know that this child is from you? Therefore, this is not permissible. Yes.
The questioner:
The statement of the Honorable Shaykh, may Allah grant you success.
The Shaykh:
The child born of zina is not attributed to the father, but only to the mother. Yes. Yes.
He says: Honorable Shaykh, may Allah grant you success. A man committed zina with a woman, and she became pregnant from him. The man wants to marry her, even though he has repented to Allah. Is it a condition that she give birth, or is it not a condition?
The Shaykh:
It is not permissible for a Muslim to marry a woman who has committed zina except under two conditions. The first condition is that she repents with a valid repentance from zina, abandons it, feels remorse for it, and resolves not to return to it.
The second condition is that she observe the waiting period ('iddah). It is necessary for her to observe the waiting period so that she is not pregnant from the zina. It is necessary for her to wait for three menstrual cycles. If these two conditions are met, the marriage is permissible. However, as long as she has not done so, it is not permissible to marry her, due to the saying of Allah the Exalted:
The fornicator does not marry except a [female] fornicator or polytheist, and none marries her except a fornicator or a polytheist, and that has been made unlawful to the believers.
الزَّانِي لَا يَنكِحُ إِلَّا زَانِيَةً أَوْ مُشْرِكَةً وَالزَّانِيَةُ لَا يَنكِحُهَا إِلَّا زَانٍ أَوْ مُشْرِكٌ وَحُرِّمَ ذَٰلِكَ عَلَى الْمُؤْمِنِينَYes, it is not permissible to marry her, and this pregnancy is not from him; it is not attributed to him. This is a child of illicit intercourse. It may be from someone else, as long as she was committing zina. What makes you know that this child is from you? Therefore, this is not permissible. Yes.
The questioner:
The statement of the Honorable Shaykh, may Allah grant you success.
The Shaykh:
The child born of zina is not attributed to the father, but only to the mother. Yes. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 080 من 123 / شرح كتاب زاد المستقنع / النكاح / الشورط والعيوب في النكاح / صالح الفوزان / الفقه — youtube.com (55:23)
The Arabic text is a machine transcription of the audio recording.