A man married a woman but did not consummate the marriage, having only contracted it, and then committed zina with another woman. Is he considered a thayyib?
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The questioner : We begin with the first question: Praise be to Allah alone, and may peace and blessings be upon the one after whom there is no prophet. And after that: Know, O our noble Shaykh, that we and Allah love you for the sake of Allah. The question is: A man married a woman but did not consummate the marriage, having only contracted it, and then committed zina with another woman. Is he considered a thayyib?
The Shaykh : Committed zina with another woman?
The questioner : Yes, before he consummated the marriage with the first one?
The Shaykh : Is he considered a thayyib, meaning a muhsan?
The questioner : Yes.
The Shaykh : Ihsan is, without doubt, achieved through a lawful marriage. As for the forbidden act of zina, that does not make one a muhsan. It is necessary that he has established a lawful foundation, consummated the marriage with his wife, and had intercourse with her, and thereby he becomes a muhsan. The ruling of a muhsan applies to him: if he commits zina once in his life, he is killed by stoning with stones. As for one who has not married and commits the act of fornication, that is not considered to make him a muhsan.
The Shaykh : Committed zina with another woman?
The questioner : Yes, before he consummated the marriage with the first one?
The Shaykh : Is he considered a thayyib, meaning a muhsan?
The questioner : Yes.
The Shaykh : Ihsan is, without doubt, achieved through a lawful marriage. As for the forbidden act of zina, that does not make one a muhsan. It is necessary that he has established a lawful foundation, consummated the marriage with his wife, and had intercourse with her, and thereby he becomes a muhsan. The ruling of a muhsan applies to him: if he commits zina once in his life, he is killed by stoning with stones. As for one who has not married and commits the act of fornication, that is not considered to make him a muhsan.