The marriage of shighar is defective and divorce is attached to it
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Question: I inform you that I have a case in the Qula Court, which is as follows: Two men came to me and stated that a marriage had taken place between them. One of them married the other to his sister on the condition that he would marry him to his daughter when she reached puberty. When the daughter of the first husband reached puberty, it appears that a disagreement arose between them, and the husband divorced his wife three times. The suitor renounced his proposal. Their excuse to me was that they had proceeded with what happened at the beginning because they were ignorant of the ruling in that matter. When they learned that what had occurred between them was shighar, which is not permissible, the aforementioned divorce of the husband from his wife and the suitor’s renunciation of his proposal took place. They informed me that the divorcing husband desires his wife and is willing to increase her mahr. They asked me to rule on the matter. The woman gave birth after the divorce to a pregnancy she was carrying at the time of the divorce. I was uncertain about the ruling on this divorce: is it considered valid, thereby making her forbidden to him, or not? This necessitated my writing to you about the situation, and I hope you will inform me of what is correct to follow in this case.
Answer: From Abdulaziz ibn Abdullah ibn Baz to the honorable brother, the virtuous judge of the Qula Court, may Allah guide him to all good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O my beloved, your noble letter number (226), dated 5/2/1393 AH, has reached us, may Allah guide you. Its text is: (I inform you that I have a case in the Qula Court, which is as follows: Two men came to me and stated that a marriage had taken place between them. One of them married the other to his sister on the condition that he would marry him to his daughter when she reached puberty. When the daughter of the first husband reached puberty, it appears that a disagreement arose between them, and the husband divorced his wife three times. The suitor renounced his proposal. Their excuse to me was that they had proceeded with what happened at the beginning because they were ignorant of the ruling in that matter. When they learned that what had occurred between them was shighar, which is not permissible, the aforementioned divorce of the husband from his wife and the suitor’s renunciation of his proposal took place. They informed me that the divorcing husband desires his wife and is willing to increase her mahr. They asked me to rule on the matter. The woman gave birth after the divorce to a pregnancy she was carrying at the time of the divorce. I was uncertain about the ruling on this divorce: is it considered valid, thereby making her forbidden to him, or not? This necessitated my writing to you about the situation, and I hope you will inform me of what is correct to follow in this case). End of text.
I inform your eminence that the aforementioned marriage, in the manner described, is a defective marriage according to the most correct opinion of the scholars. It is more likely that divorce is attached to a defective marriage, as is evident. However, this divorce does not count as more than one divorce; for it is established in Sahih Muslim from Ibn Abbas (may Allah be pleased with him and him) that such a divorce was considered one divorce during the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and two years of the caliphate of Umar... the hadith. A group of the Salaf and Khalaf have issued fatwas to this effect, and this is what we issue as a ruling. It is the choice of Shaykh al-Islam Ibn Taymiyyah and his student, the scholar Ibn al-Qayyim (may Allah have mercy on them both). Accordingly, there is no obstacle to his taking her back in a new marriage with its valid conditions prescribed by the Shari'ah, and he will have two divorces remaining.
And I ask Allah to guide everyone to hit the mark in speech and action, for He is the best of those asked. And peace be upon you and the mercy of Allah and His blessings.
Answer: From Abdulaziz ibn Abdullah ibn Baz to the honorable brother, the virtuous judge of the Qula Court, may Allah guide him to all good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O my beloved, your noble letter number (226), dated 5/2/1393 AH, has reached us, may Allah guide you. Its text is: (I inform you that I have a case in the Qula Court, which is as follows: Two men came to me and stated that a marriage had taken place between them. One of them married the other to his sister on the condition that he would marry him to his daughter when she reached puberty. When the daughter of the first husband reached puberty, it appears that a disagreement arose between them, and the husband divorced his wife three times. The suitor renounced his proposal. Their excuse to me was that they had proceeded with what happened at the beginning because they were ignorant of the ruling in that matter. When they learned that what had occurred between them was shighar, which is not permissible, the aforementioned divorce of the husband from his wife and the suitor’s renunciation of his proposal took place. They informed me that the divorcing husband desires his wife and is willing to increase her mahr. They asked me to rule on the matter. The woman gave birth after the divorce to a pregnancy she was carrying at the time of the divorce. I was uncertain about the ruling on this divorce: is it considered valid, thereby making her forbidden to him, or not? This necessitated my writing to you about the situation, and I hope you will inform me of what is correct to follow in this case). End of text.
I inform your eminence that the aforementioned marriage, in the manner described, is a defective marriage according to the most correct opinion of the scholars. It is more likely that divorce is attached to a defective marriage, as is evident. However, this divorce does not count as more than one divorce; for it is established in Sahih Muslim from Ibn Abbas (may Allah be pleased with him and him) that such a divorce was considered one divorce during the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and two years of the caliphate of Umar... the hadith. A group of the Salaf and Khalaf have issued fatwas to this effect, and this is what we issue as a ruling. It is the choice of Shaykh al-Islam Ibn Taymiyyah and his student, the scholar Ibn al-Qayyim (may Allah have mercy on them both). Accordingly, there is no obstacle to his taking her back in a new marriage with its valid conditions prescribed by the Shari'ah, and he will have two divorces remaining.
And I ask Allah to guide everyone to hit the mark in speech and action, for He is the best of those asked. And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.