If a person causes the divorce of another man’s wife from her husband and then marries her himself, what is the ruling on this marriage? Is it valid?
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The questioner : If a person causes the divorce of another man’s wife from her husband and then marries her himself, what is the ruling on this marriage? Is it valid or not?
The Shaykh : First, we must know how this cause occurred. Was it through sorcery, or by requesting khul' (divorce at the wife's request for compensation), meaning he comes to her husband and says, “Divorce your wife, and I will give you ten thousand riyals,” so the husband divorces her in exchange for this compensation? If it was through sorcery, the sorcerer is given the choice to repent; if he repents, well and good, otherwise he is killed. It was also said: rather, he is killed as a fixed punishment (hadd) if the matter reaches the ruler, due to the severity of his harm and damage to the Muslims. As for the second case, where he asks her husband to divorce her so that he can marry her, Imam Ahmad (may Allah have mercy on him) strongly disapproved of this. This is the point of disapproval and condemnation, as it is a type of undermining the wife’s relationship with her husband. It is not permissible for a person to attempt to separate a man from his wife in order to marry her.
The questioner : May Allah reward you with good.
The Shaykh : First, we must know how this cause occurred. Was it through sorcery, or by requesting khul' (divorce at the wife's request for compensation), meaning he comes to her husband and says, “Divorce your wife, and I will give you ten thousand riyals,” so the husband divorces her in exchange for this compensation? If it was through sorcery, the sorcerer is given the choice to repent; if he repents, well and good, otherwise he is killed. It was also said: rather, he is killed as a fixed punishment (hadd) if the matter reaches the ruler, due to the severity of his harm and damage to the Muslims. As for the second case, where he asks her husband to divorce her so that he can marry her, Imam Ahmad (may Allah have mercy on him) strongly disapproved of this. This is the point of disapproval and condemnation, as it is a type of undermining the wife’s relationship with her husband. It is not permissible for a person to attempt to separate a man from his wife in order to marry her.
The questioner : May Allah reward you with good.