The Correct Interpretation of the Statement of Allah the Exalted: “The fornicator does not marry except a fornicatress or a polytheistess…”

The Shaykh : Then he said, may Allah have mercy on him, “and her who has been divorced three times”. The noble verse remains for us: he does not marry her . There is no doubt that a fornicator who marries a fornicatress is a sinner and an open sinner who has married a sinful woman and an open sinner, or a polytheistess. Is it permissible for a fornicator who is a Muslim to marry a polytheistess?

The questioner : No, it is not permissible.

The Shaykh : Yes?

The questioner : It is not permissible.

The Shaykh : It is not permissible?

The questioner : Allah the Exalted said.

The Shaykh : Yes? Is it permissible? This is our brother Kamil, who missed the mark in this issue. Allah the Exalted said: So it is forbidden. How can one say: The scholars differed in their methodologies for deriving the ruling from this verse. It was said that "do not marry" means "do not have intercourse," i.e., the fornicator does not have intercourse except with a fornicatress who considers fornication permissible and fornicates with him, or with a polytheist woman who does not care about the rulings of the Shari'ah and fornicates with him. So they made "marriage" (nikah) mean "intercourse" (wa't). This is incorrect. There is no verse in the Qur'an where "marriage" (nikah) means "intercourse" (wa't) absolutely, never. Every instance of "marriage" (nikah) in the Qur'an refers to the contract. Do you understand, people? So, this derivation is incorrect. The correct view is that of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) and other meticulous scholars, that if a fornicator marries a woman, either she acknowledges the prohibition of this marriage but is negligent regarding it, in which case she is a fornicatress, or she does not acknowledge it, in which case she makes permissible what Allah has forbidden, and thus she is a polytheist, because making permissible what Allah has forbidden is shirk (associating partners with Allah). And it is said likewise: And with this, the heart is at ease.
He said, may Allah have mercy on him. We return to the words of the author: “And it is forbidden to her who has been divorced three times until another husband marries her”. It is forbidden to whom? Her who has been divorced three times, to whom?

The questioner : To the one who divorced her.

The Shaykh : To the one who divorced her, by the statement of Allah the Exalted: . “Marries” (tunkah) means what?

The questioner : A contract is made with her.
Another questioner: A contract is made with her and he has intercourse with her.
Another questioner: ...

The Shaykh : No. First, we say that ‘marriage’ (nikah) here means ‘intercourse’ (wa't), yes, because he said: “And he does not become a husband except by a contract.” And on this basis, ‘marries’ (tunkah) means what?

The questioner : She is had intercourse with.

The Shaykh : Yes, she is had intercourse with, or it is said that ‘marries’ (tunkah) means a marriage contract is made with a man, yes. And the condition of intercourse is known from the Sunnah. Do you understand? This is a derivation. Both are correct. In any case, Allah has forbidden the woman divorced three times until she marries another husband. But whenever ‘contract’ (aqd) is mentioned in the Qur'an and the Sunnah, the intended meaning is a valid contract. And on this basis, it means a valid marriage. So if she marries another husband without a guardian (wali).