A man who does not father children, according to what the doctors told him, and after a period of time he found his wife pregnant, so when he asked her, she admitted that she had gone to a fortune-teller
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The questioner: All right; our Shaykh, this is a somewhat long question. A woman asked... the answer will be: A man who does not father children, according to what the doctors told him, after a period of time he found his wife pregnant; meaning he said to him: ... so the wife said to him: I had lost hope in medicine, so I went to the sheikhs... the fortune-tellers.
The Shaykh: Allah is the Greatest!
The questioner: After several sessions, the fortune-teller - who is a woman - gave me this narcotic, and brought in several men, three of them, so the act of zina (unlawful sexual intercourse) was carried out by the men with the woman, and after she regained consciousness, she found herself naked among the men, yes, now the question - and the woman gave birth -; the question is: What is the ruling of the Shari'ah regarding this woman? Second: What is the ruling of the Shari'ah regarding this child - and she originally gave birth to a girl -? And what is upon the husband, meaning, the husband is confused and wants a solution or a permission?
The Shaykh: The solution is known; he should divorce her, and it will be said that there are relations between me and her, in such and such; so he will refrain from implementing the ruling of the Shari'ah. The ruling of the Shari'ah is that since she is a fornicator, and since it is established from another angle that he does not father children, and the experience - also - proved that he did not father any children from her during the years I do not know; otherwise, if he did father children, then the saying of the Prophet (peace and blessings be upon him) would apply here, what is the hadith? What is its beginning?
The questioner : .
The Shaykh: Yes,Sunan Ibn Majah 2006Sahih (Darussalam) and the stone for the fornicator, or as he (peace and blessings be upon him) said, but this hadith is not applicable here because of the infertility I mentioned earlier; therefore, he should separate from her immediately. As for her, what is her ruling? She is considered a fornicator, and the fact that she surrendered herself to this female sorceress does not constitute an excuse for her.
The questioner: Does her being drugged mean it is not an excuse?
The Shaykh: Huh?
The questioner: That she was drugged and it was done to her!
The Shaykh: ... because she engaged in the causes of the sin, even if she did not know that she would fall into the sin. This is a matter I feel enters into another issue of scholarly disagreement, and there are two opinions in it; which is: A man who drinks khamr (intoxicants) and divorces his wife; is his divorce executed or not? There are two opinions; some say: there is no divorce, and some say: there is a divorce; and each has a perspective. The one who denies the divorce says that his intention to divorce was not realized; because he was in a state of unconsciousness, and some say: yes, he was in a state of unconsciousness; but he is the cause of it; because he consumed khamr (intoxicants), and I lean towards this opinion there, and I analogize what is here to it; so I said that the Messenger (peace and blessings be upon him) made the divorce of the joker effective, even though he did not intend the divorce; but this is a punishment for him, and this - also - is one of the exceptions to his saying (peace and blessings be upon him):, this is what he did not intend, but the Shari'ah executed a punishment for him as an immediate retribution in this world before the Hereafter, this is what I say regarding this incident.
The questioner: What is the ruling of the child?
The Shaykh: Huh?
The questioner: Is the girl attributed to her father or to what name?
The Shaykh: She is not attributed to the cause we mentioned earlier.
The questioner: That it is not ... .
The Shaykh: Huh?
The questioner: What name is she given?
The Shaykh: Huh?
The questioner: She is given a name.
The Shaykh : Yes.
The Shaykh: Allah is the Greatest!
The questioner: After several sessions, the fortune-teller - who is a woman - gave me this narcotic, and brought in several men, three of them, so the act of zina (unlawful sexual intercourse) was carried out by the men with the woman, and after she regained consciousness, she found herself naked among the men, yes, now the question - and the woman gave birth -; the question is: What is the ruling of the Shari'ah regarding this woman? Second: What is the ruling of the Shari'ah regarding this child - and she originally gave birth to a girl -? And what is upon the husband, meaning, the husband is confused and wants a solution or a permission?
The Shaykh: The solution is known; he should divorce her, and it will be said that there are relations between me and her, in such and such; so he will refrain from implementing the ruling of the Shari'ah. The ruling of the Shari'ah is that since she is a fornicator, and since it is established from another angle that he does not father children, and the experience - also - proved that he did not father any children from her during the years I do not know; otherwise, if he did father children, then the saying of the Prophet (peace and blessings be upon him) would apply here, what is the hadith?
And for the fornicator is the stone
للعاهر الحجرThe questioner :
The child belongs to the bed
الولد للفراشThe Shaykh: Yes,
The child is for the bed (i.e., belongs to the husband) and the fornicator gets nothing!
الولد للفراش وللعاهر الحجرThe questioner: Does her being drugged mean it is not an excuse?
The Shaykh: Huh?
The questioner: That she was drugged and it was done to her!
The Shaykh: ... because she engaged in the causes of the sin, even if she did not know that she would fall into the sin. This is a matter I feel enters into another issue of scholarly disagreement, and there are two opinions in it; which is: A man who drinks khamr (intoxicants) and divorces his wife; is his divorce executed or not? There are two opinions; some say: there is no divorce, and some say: there is a divorce; and each has a perspective. The one who denies the divorce says that his intention to divorce was not realized; because he was in a state of unconsciousness, and some say: yes, he was in a state of unconsciousness; but he is the cause of it; because he consumed khamr (intoxicants), and I lean towards this opinion there, and I analogize what is here to it; so I said that the Messenger (peace and blessings be upon him) made the divorce of the joker effective, even though he did not intend the divorce; but this is a punishment for him, and this - also - is one of the exceptions to his saying (peace and blessings be upon him):
Actions are only by intentions
إنما الأعمال بالنياتThe questioner: What is the ruling of the child?
The Shaykh: Huh?
The questioner: Is the girl attributed to her father or to what name?
The Shaykh: She is not attributed to the cause we mentioned earlier.
The questioner: That it is not ... .
The Shaykh: Huh?
The questioner: What name is she given?
The Shaykh: Huh?
The questioner: She is given a name.
The Shaykh : Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.