What is your opinion of an imam who preaches on Friday and has sworn by Allah three times that if a man swears to divorce his wife and then has intercourse with her, he has the right to marry

The Shaykh : What is your opinion of an imam who preaches on Friday and has sworn by Allah three times that if a man swears to divorce his wife and then has intercourse with her, he has the right to marry the daughter his wife bore after the oath?

The questioner : ... .

The Shaykh : Ah, he means, so to speak, to the extent that he obeyed the threefold oath. He said he swore by Allah three times to divorce his wife. So the divorce is not specified as to whether it is revocable or a triple divorce.

The questioner : He swore by Allah; the preacher has sworn by Allah.

The Shaykh : Faisal, it is just that the divorce is his.

The questioner : Three times.

The Shaykh : Yes, it is not mentioned here; it is not mentioned in the question. The questioner intends, and although his pen may have been brief in explanation, that a man divorced his wife three times, so she does not become lawful to him again until she marries another husband. This wife became a stranger to him after that. Then this woman was blessed with a daughter.

The questioner : That is not what he intended.

The Shaykh : Be patient, my brother. Who is the questioner? You? Be patient. He is going to explain now, because here, when we forgot to close it, and it is a triple divorce, not one, we need to understand. Now he swears to marry the daughter his wife bore after the oath. Does that mean she was pregnant with his child when she was his wife, like that?

The questioner : No, after he swore to divorce her, he did not divorce her according to the Shari'ah. Rather, she remained under his protection, so he had intercourse with her, and she bore him a daughter. According to the opinion of the one who says he has the right to marry that daughter.

The Shaykh : That means, after he divorced her three times, he kept her, meaning he committed adultery with her. This issue is known among the Shafi'is; unfortunately, it is very problematic. They explicitly say that it is permissible for an adulterer to marry his daughter from adultery. This case has some complications. In summary, this man who divorced his wife three times kept her and did not release her, considering what Allah the Exalted said in the previous verse: . Nevertheless, he kept her. So she is not his wife after being divorced three times. If he commits adultery with her and she becomes pregnant with his child and gives him a daughter, this daughter is a daughter from adultery. Since the Shafi'is say it is permissible to marry one's daughter from adultery, this person came based on his own madhhab, which is the madhhab of al-Shafi'i that permits marrying one's daughter from adultery. This is a madhhab in this issue that is opposed by the madhhab of the Hanafis, which is the correct one, without doubt or hesitation. It is that his daughter from adultery is not lawful to him. Even if the water from which this person or this daughter was formed is his, it does not permit the man to approach this daughter and marry her. The evidence of the Hanafis and those who followed them, such as Shaykh al-Islam Ibn Taymiyyah, Ibn al-Qayyim al-Jawziyyah, and other meticulous scholars, is that the Wise Lawgiver forbade the daughter through breastfeeding who was breastfed by a woman five times. This is because the cause of the existence of this milk for this wet nurse is her husband. It is forbidden for this husband to marry that daughter through breastfeeding. Even with the intermediary in the fact that this daughter is his daughter through breastfeeding, the Wise Lawgiver forbade her to him. How would she not be forbidden to him when she is of his lineage and of his water? And it does not appear that he placed this water without the permission of Allah. But in any case, it is his water, so he is marrying himself with himself. What concerns us now is that he disobeyed his Lord in that. The example in the matter of breastfeeding is that a woman is not permitted to breastfeed anyone except with the permission of the owner of the right to the milk, which is the husband. If this wife disobeyed her husband and breastfed a son or daughter of a neighbor, would this daughter become the daughter of her husband? Of course, because the path for this milk to reach that daughter through breastfeeding was contrary to the Shari'ah, which makes this daughter not the daughter of the owner of the milk, who is the husband. Therefore, this man who swore this oath, in our opinion, has broken his oath. As for us, we cannot hold people accountable who grew up on madhhabs and opinions that are impossible to change just because al-Albani or a hundred thousand al-Albanis say that this is a broken oath, because there are millions of imams who said that this daughter is lawful to him. Yes, because opposite this is also another madhhab that is deeply deviated from the truth, as deeply deviated from the truth as this. A man files a false claim against a chaste woman in the protection of a man, by the Book and the Sunnah. He files a claim that this is his wife and that she was raped by him. The Shari'ah judge rules based on what is established for him from witnesses, and he does not know that they are liars and fabricators. Based on their testimony, he rules that this is the wife of this claimant. Everyone will rule that this judgment is invalid, even if no one knows its invalidity. At least the forger, this liar, knows that he brought false witnesses and confused the judge, making him rule other than what Allah revealed. But the judge does not know; he is trapped, and his head and the head of this matter are involved. But does not the one who brought the witnesses and bribed them know that this is a wife of a child and that he did not marry her in the past? He knows this truth. Nevertheless, this madhhab says that the judge's ruling regarding this judgment is executed in appearance and in reality. As for in appearance, it is clear. When the judge rules to cut off the head of so-and-so, he cuts it off. Do you think revelation came down to him from the sky that this is the actual killer? No, he ruled based on witnesses. They may be truthful, they may be lying. The text of this Shari'ah judgment is what appeared to him. But with Allah, who knows the secret and what is even more hidden, if this judgment is wrong, the criminal is not held accountable by the judge. He does not become a criminal with the Lord, Glorified and Exalted is He, because He knows the truth, but the judge has no choice but to rule based on the appearance. But does not this forger know that he is a forger? Does not he know that he is a liar? Yes. And yet, that madhhab says she became lawful to him merely because the judge said, "I have ruled for you that she is your wife." She became lawful to him as if he had taken her by the Book and the Sunnah. They say, on one hand, it is forbidden for him to lie, but on the other hand, she became lawful to him because the Shari'ah judge ruled for him. These are issues that exist in some madhhabs that are dangerous. But no matter how much we raise our voices to explain their error and danger, it will go to waste except with a few people and a few who understand.