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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who married through shighar and has children

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Question:
Honorable Shaykh, a man married a woman through a purchase (shighar) and has children from his wife, and he knows the ruling on this purchase. What should he do?

Answer:
He should refer the matter to the judge to examine this marriage and verify that it is shighar. If the judge rules that it is shighar and separates them, his children follow him, because the intercourse was with a doubt (shubhah), and intercourse with a doubt establishes the lineage of the children.
Source قناة «العلامة الدكتور صالح الفوزان»، 51 من 89|شرح العدة في شرح العمدة|كتاب الرضاع|باب الشروط في النكاح|صالح الفوزان|الفقه|كبار العلماء — youtube.com (59:37)

The Arabic text is a machine transcription of the audio recording.

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