A man married a woman, and after two or three months she gave birth to a child, and he knew whether it was from him or from another, but he wanted to cover up her disgrace from the scandal of zina. Is he permitted?
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The questioner : There is a man who married a girl, and two or three months after he married her, she gave birth to a child. Do you think Islam permits him to marry her, and that he will have a reward and recompense from Allah for what he covered up for her, or will our Lord punish him for marrying her? Does Islam permit him to marry her or not, while he knows that she is pregnant?
The Shaykh : How is it that I did not understand?
The questioner : He married the girl while he knew she was pregnant, and three months after their marriage, she gave birth.
The Shaykh : Pregnant from another man.
The questioner : Yes, he covers up for her, and three months after his marriage to her, she gave birth.
The Shaykh : No, this is not permissible; this is haram, it is not permissible.
The questioner : Meaning, Islam does not permit him to marry her.
The Shaykh : Absolutely not. Islam used to prohibit Muslims when the commander of the Muslim army would divide up the war captives, meaning the slaves, 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 Prophet (peace and blessings be upon him) would prohibit her master, who had her in his possession, from having intercourse with her until she menstruated, because menstruation is evidence of the absence of pregnancy. One day, the Prophet (peace and blessings be upon him) passed by a pregnant woman whose belly was protruding, clearly showing she was pregnant, and she was next to the tent of a man. The Prophet (peace and blessings be upon him) feared that her master might have intercourse with her while she was pregnant from her disbelieving, mushrik husband. So that the water of the Muslim master would not mix with the water of this child who grew from the water of the disbelieving man, the Prophet (peace and blessings 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 still a fetus that is not from the first mushrik husband? He mixes with her and has intercourse with her while she is still pregnant from her first husband. This is in Islam more severe than zina, meaning there is no doubt that this is not permissible at all.
The questioner : So it is not useful to marry her?
The Shaykh : It is fine, but she is pregnant from that husband.
The questioner : Pregnant from zina; she did not marry, she is pregnant from zina.
The Shaykh : This is zina. She is pregnant from zina, so if he marries her, it is zina, because it is not permissible for two waters to mix.
The questioner : He covers up for her so that she is not exposed.
The Shaykh : He covers up for her, but covering up does not mean violating the Shari'ah.
The questioner : If the one who married her is the same fornicator, is it permissible?
The Shaykh : Here there is a detail. If he was a fornicator, then if he repents from the zina, it is permissible; otherwise,[An-Nur 24:3], and the reverse is the reverse.
The questioner : If it is from him, does he conclude the contract and repent to Allah?
The Shaykh : With the condition mentioned, the condition of repentance. He must conclude the contract, and the child is considered a child of zina, meaning this covering up that the brother is going on about.
The questioner : Okay, does this child of zina inherit, O our Shaykh?
The Shaykh : Absolutely not, a child of zina. We heard a voice there.
The Shaykh : How is it that I did not understand?
The questioner : He married the girl while he knew she was pregnant, and three months after their marriage, she gave birth.
The Shaykh : Pregnant from another man.
The questioner : Yes, he covers up for her, and three months after his marriage to her, she gave birth.
The Shaykh : No, this is not permissible; this is haram, it is not permissible.
The questioner : Meaning, Islam does not permit him to marry her.
The Shaykh : Absolutely not. Islam used to prohibit Muslims when the commander of the Muslim army would divide up the war captives, meaning the slaves, 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 Prophet (peace and blessings be upon him) would prohibit her master, who had her in his possession, from having intercourse with her until she menstruated, because menstruation is evidence of the absence of pregnancy. One day, the Prophet (peace and blessings be upon him) passed by a pregnant woman whose belly was protruding, clearly showing she was pregnant, and she was next to the tent of a man. The Prophet (peace and blessings be upon him) feared that her master might have intercourse with her while she was pregnant from her disbelieving, mushrik husband. So that the water of the Muslim master would not mix with the water of this child who grew from the water of the disbelieving man, the Prophet (peace and blessings be upon him) said:
I am inclined to invoke a curse on him
هممت أن ألعنه لعنةThe questioner : So it is not useful to marry her?
The Shaykh : It is fine, but she is pregnant from that husband.
The questioner : Pregnant from zina; she did not marry, she is pregnant from zina.
The Shaykh : This is zina. She is pregnant from zina, so if he marries her, it is zina, because it is not permissible for two waters to mix.
The questioner : He covers up for her so that she is not exposed.
The Shaykh : He covers up for her, but covering up does not mean violating the Shari'ah.
The questioner : If the one who married her is the same fornicator, is it permissible?
The Shaykh : Here there is a detail. If he was a fornicator, then if he repents from the zina, it is permissible; otherwise,
The fornicator does not marry except a [female] fornicator or polytheist
الزاني لا ينكح إلا زانية أو مشركةThe questioner : If it is from him, does he conclude the contract and repent to Allah?
The Shaykh : With the condition mentioned, the condition of repentance. He must conclude the contract, and the child is considered a child of zina, meaning this covering up that the brother is going on about.
The questioner : Okay, does this child of zina inherit, O our Shaykh?
The Shaykh : Absolutely not, a child of zina. We heard a voice there.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.