What is the status of a child born from zina if the man who committed zina marries the woman?
Machine translationRead the Arabic original
The questioner : The questioner says: A man contracted marriage with a woman, and before consummating the marriage, he became acquainted with another woman, so he committed zina with her, and she became pregnant from him. After that, he divorced the first woman with whom he had contracted marriage before consummating it, and he married the second woman with whom he committed zina. What is the status of this child? Please advise us, and may Allah reward you.
The Shaykh : This issue also returns to the court, because if she had not become pregnant from him, the matter would have been clear: if she repented from the zina and he repented from the zina, it is permissible for him to marry her. However, without repentance, it is not permissible to marry the woman who committed zina, and it is not permissible for the man who committed zina to marry until he repents. Allah the Exalted said regarding the woman and the man who commit zina: Allah the Exalted said:[An-Nur 24:3].
The presenter : May Allah keep you safe.
The Shaykh : This issue also returns to the court, because if she had not become pregnant from him, the matter would have been clear: if she repented from the zina and he repented from the zina, it is permissible for him to marry her. However, without repentance, it is not permissible to marry the woman who committed zina, and it is not permissible for the man who committed zina to marry until he repents. Allah the Exalted said regarding the woman and the man who commit zina: Allah the Exalted said:
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 الْمُؤْمِنِينَThe presenter : May Allah keep you safe.
Source
دروس وفتاوى المسجد الحرام لعام 1412 هـ - 12 — binothaimeen.net (46:22)
The Arabic text is a machine transcription of the audio recording.