A man married a girl, and two or three months after the marriage she gave birth to a child; is that permissible?
Machine translationRead the Arabic original
The questioner: Regarding a man—our master—regarding a man who married a girl, and two or three months after his marriage to her she gave birth to a child; do you think Islam permits him to marry her and take her, meaning that before Allah, for what he concealed from her, he has a reward and recompense? Or will our Lord punish him for marrying her? Does Islam permit marrying her or not? Even if he knows that she is pregnant?
The Shaykh: How is that? I did not understand.
Another questioner: He married the girl knowing that she was pregnant, and three months after his marriage she gave birth.
The Shaykh: Pregnant by someone else?
The questioner : Yes.
The Shaykh: Pregnant by someone else?
Another questioner: Yes.
The questioner: ... to cover for her.
The Shaykh : Yes.
Another questioner: And three months after his marriage, the ... gave birth.
The Shaykh: No, this is not permissible; this is forbidden, it is not permissible.
The questioner: Meaning Islam does not permit the marriage?
The Shaykh: Absolutely not. Islam used to prohibit Muslims when the leader of the Muslim army would divide the war captives, meaning the slaves.
The questioner: Yes.
The Shaykh: And among the slaves there would be women and men, so some people’s share would be a woman. If this woman was married and had a husband, the Messenger (peace be upon him) would prohibit her master, the one who had her in his possession, from having intercourse with her until she menstruated; because menstruation is evidence of the absence of pregnancy. And the Messenger (peace and blessings be upon him) once passed by a pregnant woman whose belly was prominent, clearly showing she was pregnant, and she was beside a man’s tent. The Messenger (peace be upon him) feared that her master might have intercourse with her while she was pregnant by her disbelieving, polytheist husband. So that the Muslim master’s semen would not mix with the semen of this child who grew from the semen of the disbelieving man, the Messenger (peace be upon him) said:Sunan Abi Dawud 2156Sahih (Al-Albani) ; meaning if he has intercourse with her while she is pregnant; how much more so if there is not yet a fetus from the first polytheist husband, so he mixes with her and has intercourse with her while she is still pregnant by her first husband? This is more severe in Islam, like zina, meaning there is no doubt; this is absolutely not permissible.
The questioner: The girl does not have a husband, the girl.
The Shaykh : How?
The questioner: She does not have a husband.
The Shaykh: No problem, but she is pregnant by that husband.
The questioner: Pregnant from zina.
The Shaykh : Yes?
The questioner: Pregnant from zina.
The Shaykh : Yes.
The questioner: From zina ... then a girl.
The Shaykh: No, no, this is zina.
The questioner: Ah, pregnant from zina.
The Shaykh: Pregnant from zina, so if he marries her, it is zina; because it is not permissible for his semen to mix ... .
The questioner: No, it is not ... to cover for her so that the matter is not exposed.
The Shaykh: Covering for her does not mean violating the Shari'ah, so covering for her does not mean violating the Shari'ah.
Another questioner: Okay; if, our teacher, if the one who wants to marry her is the one who committed zina, is it permissible?
The Shaykh: Ah, here there is a detail; if he is a zani, then if he repents from the zina, it is permissible, otherwise[An-Nur 24:3] , and the reverse is the reverse.
The questioner: Yes ... .
The Shaykh: How is that? I did not understand.
Another questioner: He married the girl knowing that she was pregnant, and three months after his marriage she gave birth.
The Shaykh: Pregnant by someone else?
The questioner : Yes.
The Shaykh: Pregnant by someone else?
Another questioner: Yes.
The questioner: ... to cover for her.
The Shaykh : Yes.
Another questioner: And three months after his marriage, the ... gave birth.
The Shaykh: No, this is not permissible; this is forbidden, it is not permissible.
The questioner: Meaning Islam does not permit the marriage?
The Shaykh: Absolutely not. Islam used to prohibit Muslims when the leader of the Muslim army would divide the war captives, meaning the slaves.
The questioner: Yes.
The Shaykh: And among the slaves there would be women and men, so some people’s share would be a woman. If this woman was married and had a husband, the Messenger (peace be upon him) would prohibit her master, the one who had her in his possession, from having intercourse with her until she menstruated; because menstruation is evidence of the absence of pregnancy. And the Messenger (peace and blessings be upon him) once passed by a pregnant woman whose belly was prominent, clearly showing she was pregnant, and she was beside a man’s tent. The Messenger (peace be upon him) feared that her master might have intercourse with her while she was pregnant by her disbelieving, polytheist husband. So that the Muslim master’s semen would not mix with the semen of this child who grew from the semen of the disbelieving man, the Messenger (peace be upon him) said:
I am inclined to invoke a curse on him
همَمْتُ أن ألعَنَه لعنةThe questioner: The girl does not have a husband, the girl.
The Shaykh : How?
The questioner: She does not have a husband.
The Shaykh: No problem, but she is pregnant by that husband.
The questioner: Pregnant from zina.
The Shaykh : Yes?
The questioner: Pregnant from zina.
The Shaykh : Yes.
The questioner: From zina ... then a girl.
The Shaykh: No, no, this is zina.
The questioner: Ah, pregnant from zina.
The Shaykh: Pregnant from zina, so if he marries her, it is zina; because it is not permissible for his semen to mix ... .
The questioner: No, it is not ... to cover for her so that the matter is not exposed.
The Shaykh: Covering for her does not mean violating the Shari'ah, so covering for her does not mean violating the Shari'ah.
Another questioner: Okay; if, our teacher, if the one who wants to marry her is the one who committed zina, is it permissible?
The Shaykh: Ah, here there is a detail; if he is a zani, then if he repents from the zina, it is permissible, otherwise
The fornicator does not marry except a [female] fornicator or polytheist
الزَّانِي لَا يَنْكِحُ إِلَّا زَانِيَةً أَوْ مُشْرِكَةًThe questioner: Yes ... .
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.