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 who gave her a narcotic
Machine translationRead the Arabic original
The questioner : A man who does not father children, according to what the doctors told him, and then after a period of time he found his wife pregnant, so he asked her how this happened, and she said to him, "I had lost hope in medicine, so I went to the fortune-tellers, and after several sessions, the female fortune-teller gave me a narcotic and brought several men to me, three of them, and the act of unlawful sexual intercourse was carried out by the men with the woman. After she regained consciousness, she found herself naked among the men. After that, the woman gave birth. So the question is: what is the ruling of the Shari'ah regarding this woman, and secondly, what is the ruling of the Shari'ah regarding this child, who is originally a girl, and what should the husband do? He is confused as to whether there is a solution or permissibility?"
The Shaykh : The solution is known; he should divorce her. It will be said that there is a custom, meaning there were relations between them, so he will refrain from implementing the ruling of the Shari'ah. The ruling of the Shari'ah is that as long as she is a fornicator, and as long as it is established from another angle that he does not father children, and experience has also proven that he did not father any children throughout the years I do not know, otherwise, if he had been able to father children, his statement (peace and blessings be upon him) would apply here:Sunan Ibn Majah 2006Sahih (Darussalam) But here, this hadith does not apply because of the infertility I mentioned earlier. Therefore, he should separate from her immediately. As for her ruling, she is considered a fornicator, and the fact that she surrendered herself to this female sorcerer does not constitute an excuse for her.
The questioner : She was drugged and it was done to her!
The Shaykh : No, she engaged in the causes of the sin. Even if she did not know that she would commit the sin, this is a matter I feel falls into another issue of scholarly disagreement, and there are two opinions in it, similar to the case of one who drinks 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 was the cause of it because he consumed intoxicants. I am inclined to this opinion, 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 joking person effective, even though he did not intend the divorce, but this is a punishment for him. This is also one of the exceptions to his statement (peace and blessings be upon him): This is what he intended, 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 : The ruling for the girl: is she attributed to her father, or attributed to any name?
The Shaykh : No, she is not attributed to the cause we mentioned earlier.
The questioner : She is given any name.
The Shaykh : Yes, exactly.
The Shaykh : The solution is known; he should divorce her. It will be said that there is a custom, meaning there were relations between them, so he will refrain from implementing the ruling of the Shari'ah. The ruling of the Shari'ah is that as long as she is a fornicator, and as long as it is established from another angle that he does not father children, and experience has also proven that he did not father any children throughout the years I do not know, otherwise, if he had been able to father children, his statement (peace and blessings be upon him) would apply here:
The child is for the bed (i.e., belongs to the husband) and the fornicator gets nothing!
الولد للفراش وللعاهر الحجرThe questioner : She was drugged and it was done to her!
The Shaykh : No, she engaged in the causes of the sin. Even if she did not know that she would commit the sin, this is a matter I feel falls into another issue of scholarly disagreement, and there are two opinions in it, similar to the case of one who drinks 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 was the cause of it because he consumed intoxicants. I am inclined to this opinion, 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 joking person effective, even though he did not intend the divorce, but this is a punishment for him. This is also one of the exceptions to his statement (peace and blessings be upon him):
Actions are only by intentions
إنما الأعمال بالنياتThe questioner : The ruling for the girl: is she attributed to her father, or attributed to any name?
The Shaykh : No, she is not attributed to the cause we mentioned earlier.
The questioner : She is given any name.
The Shaykh : Yes, exactly.