"And the fornicator until she repents and her waiting period is completed"
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The Shaykh :"And the fornicator until she repents and her waiting period is completed". Now, as for the first point, which is the prohibition of marrying a woman in her waiting period, this is based on the saying of Allah the Exalted: [Al-Baqarah 2:235]. As for the fornicator, it is based on the saying of Allah the Exalted: [An-Nur 24:3]. Do you understand? Now, until when is the fornicator prohibited? Until she repents and her waiting period is completed. Her waiting period is from what? From the fornication. This indicates that fornication has a waiting period, and we will speak about this. The author did not mention the male fornicator until he repents, and the apparent meaning of his words is that it is not forbidden to marry a male fornicator even if he has not repented. However, the correct view is that it is forbidden to marry a male fornicator until he repents, because the verse is one and the ruling is one, so how do we differentiate? They said we differentiate because if a female fornicator marries, the permissible water mixes with the forbidden water, and we do not know if the child that is formed is from the fornication or from the lawful. This is unlike what? Unlike the male fornicator. But there is a consideration here, because it is not possible to derive one ruling based solely on the cause we have sought. The male fornicator, if he is the husband and is not chaste, is not suitable for a chaste woman because he will corrupt her. Whoever does something becomes accustomed to it; this is a principle from the laws of Allah (Mighty and Majestic). "Whoever does something becomes accustomed to it". It is also said: "With frequent touch, sensation decreases". So this male fornicator does not care if his wife commits fornication, and she might even use it as an excuse against him. If he says, "Why do you commit fornication?" she says, "Because you commit fornication." Also, the heart of a male fornicator can never settle with his wife, because he enjoys sin, and sin occupies one from obedience. Have you seen the saying of Lut (peace be upon him) to his people? [Ash-Shu'ara 26:165] Read: [Ash-Shu'ara 26:166] They were afflicted with this evil deed and abandoned the good deed. So this male fornicator cannot be married to a chaste woman at all until he repents. Accordingly, if a man is known for traveling to lands of fornication and committing fornication, and he repeats this, and then he proposes to us, we do not marry him to us until we know that he has repented and stopped this deed. Now, if fornication occurs after marriage, whether by a man or a woman, is the marriage annulled? No, it is not annulled, because continuity is stronger than the beginning. This is the reasoning. Also, those who committed fornication during the time of the Messenger of Allah (peace and blessings be upon him) did not have their marriages annulled; the marriage was not dissolved in their case. However, the *dayyuth* (one who condones his wife's fornication) is the one who must be looked into, and he is the one who condones his family's committing of the indecency. We might say to the authority, the government, to separate him from his family so that his family is with a man who protects them. So, the female fornicator until she repents, and the male fornicator until he repents; it is all forbidden for a duration.
And the saying of the author (may Allah have mercy on him) "and her waiting period is completed" benefited us (may Allah have mercy on him) by indicating that the female fornicator has a waiting period. Note that the female fornicator has a waiting period. There is a consideration in this, and the correct view is that the female fornicator has no waiting period, because the waiting period is only in marriage; it is established by marriage. Is the fornicator a wife? No. If she is not a wife, then the male fornicator has no sanctity. The most we can say is that she is purified by one menstruation, just purification, and as for the waiting period, it is not obligatory, and there is no doubt in this, because the waiting period is out of respect for three menstrual cycles, and there is no reason for it. It is possible to know the purity of the womb with one cycle. But out of respect for the right of the husband, and perhaps he will regret and take her back. As for the male fornicator, he has no sanctity and no right to take back. So the correct view, without doubt, is that she is only purified. Then, if she is a woman with a husband, is purification obligatory? That is, if a man's wife commits fornication, and may Allah protect us from that, is purification obligatory? ... She might have become pregnant from the male fornicator. The majority of scholars are of the opinion that purification is obligatory. The majority of scholars. The school of thought says the waiting period is obligatory. Note, the school of thought says the waiting period is obligatory, whether she is married or unmarried. The second opinion is that purification is obligatory, whether she is married or not. The third opinion, which I see as the strongest, is that if she is married, there is nothing upon her, and if she commits fornication at night, her husband has the right to have intercourse with her the next day. Why? Because the highest estimate in this is that she became pregnant with a child from the male fornicator. And if a woman commits fornication and becomes pregnant with a child, and the owner of the bed claims it is his child, the child belongs to himSunan Ibn Majah 2006Sahih (Darussalam). And this is the opinion supported by the evidence: that if the female fornicator is married, her husband is not required to purify her, and he has the right to have intercourse with her. But here is another matter that must be noted: it is not permissible to condone his wife's committing of the indecency, and may Allah protect us from that. If he condones it, he is a *dayyuth*.
And do not determine to undertake a marriage contract until the decreed period reaches its end
ولا تعزموا عُقدة النكاح حتى يبلغ الكتاب أجلهThe fornicator does not marry except a [female] fornicator or polytheist, and none marries her except a fornicator or a polytheist
الزاني لا ينكح إلا زانية أو مشركة والزانية لا ينكحها إلا زان أو مشركDo you approach males among the worlds
أتأتون الذكران من العالمينAnd leave what your Lord has created for you as mates
وتذرون ما خلق لكم ربكم من أزواجكمAnd the saying of the author (may Allah have mercy on him) "and her waiting period is completed" benefited us (may Allah have mercy on him) by indicating that the female fornicator has a waiting period. Note that the female fornicator has a waiting period. There is a consideration in this, and the correct view is that the female fornicator has no waiting period, because the waiting period is only in marriage; it is established by marriage. Is the fornicator a wife? No. If she is not a wife, then the male fornicator has no sanctity. The most we can say is that she is purified by one menstruation, just purification, and as for the waiting period, it is not obligatory, and there is no doubt in this, because the waiting period is out of respect for three menstrual cycles, and there is no reason for it. It is possible to know the purity of the womb with one cycle. But out of respect for the right of the husband, and perhaps he will regret and take her back. As for the male fornicator, he has no sanctity and no right to take back. So the correct view, without doubt, is that she is only purified. Then, if she is a woman with a husband, is purification obligatory? That is, if a man's wife commits fornication, and may Allah protect us from that, is purification obligatory? ... She might have become pregnant from the male fornicator. The majority of scholars are of the opinion that purification is obligatory. The majority of scholars. The school of thought says the waiting period is obligatory. Note, the school of thought says the waiting period is obligatory, whether she is married or unmarried. The second opinion is that purification is obligatory, whether she is married or not. The third opinion, which I see as the strongest, is that if she is married, there is nothing upon her, and if she commits fornication at night, her husband has the right to have intercourse with her the next day. Why? Because the highest estimate in this is that she became pregnant with a child from the male fornicator. And if a woman commits fornication and becomes pregnant with a child, and the owner of the bed claims it is his child, the child belongs to him
