Explanation of the Book of Marriage-08

The Shaykh :"And from Abu Hurayrah (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) said:

The adulterer who has been flogged shall not marry save the one like him.

لا ينكح الزاني المجلود إلا مثله

Sunan Abi Dawud 2052Sahih (Al-Albani)

It was narrated by Ahmad and Abu Dawud, and its narrators are trustworthy".
His statement: The exegetes differed regarding this hadith and the noble verse in which Allah the Exalted said: What is the meaning of His statement: ? It was said: The meaning is intercourse, the meaning is intercourse, meaning: a man who commits zina does not commit zina except with a woman who commits zina, a man who commits zina is not to be married except to a woman who commits zina, meaning: a man who commits zina does not commit zina except with a woman who commits zina, so they made marriage mean what? Intercourse, and intercourse with zina is zina, do you understand? But this opinion is very, very weak, because it is not possible for Allah to use the term of lawful marriage, which has established great and major rulings regarding permissibility and prohibition, lineage, financial maintenance, inheritance, and so on, it is not possible to use this marriage, which is a great contract with no parallel among contracts, for zina at all. And if it is used for intercourse with one’s wife, it is not used for zina in any way. Attend to this, meaning for example: if we say: the man married his wife, meaning: he had intercourse with her, this is reasonable, but if we say: the man married a foreign woman, this is absolutely impossible. For this reason, we say: this opinion is very weak and at the same time not sound, because what does it mean that a man who commits zina does not commit zina except with a woman who commits zina? If he means except with a woman who is a prostitute practicing zina, then its proposition is not true, it is not correct, because a man who commits zina may commit zina with a virgin woman who does not want zina at all, is that not so? Good. And if he means by the woman who commits zina, that a man who commits zina is not to be married except to a woman known for zina and practicing zina, then it is as if he is saying: a man who commits zina does not commit zina except with a woman who commits zina, so what is the benefit in this? This is like saying: the earth is under us and the sky is above us, and the one who eats bread is the one who eats bread, what is the benefit? There is no benefit at all. For this reason, the correct opinion is: that the meaning of the hadith and the meaning of the verse: is not to be married, is not to take in marriage except a woman who commits zina, is not to take in marriage except a woman who commits zina or a polytheist, do you understand? Do you agree with this? It is an error if you agree? Because a man who commits zina may marry a chaste woman, how do you say he is not to be married except to a woman who commits zina? We say: Yes, a man who commits zina is not to be married except to a woman who commits zina, if the marriage of a man who commits zina to a chaste woman is forbidden, then this chaste woman, if the man who commits zina marries her, either she is aware of the prohibition derived from the statement of Allah the Exalted: but she rejected the prohibition and said: it is not forbidden, and she did not accept it as a ruling, and in that case she is a polytheist, because she believes that this man had intercourse with her under a lawful contract, since she was not convinced by what? The prohibition, and the one who is not convinced by the ruling of Allah is a disbeliever and a polytheist. Or she agrees to the marriage with him while acknowledging that it is forbidden, but she does not care about the forbidden, so she believes that he had intercourse with her in a forbidden manner without a valid contract, and in that case she is a woman who commits zina. Interpreting the verse with this meaning does not require strain and does not require a disliked interpretation, it is very clear. So we say: if a man who commits zina marries a chaste woman, either she is satisfied with the ruling of Allah regarding the prohibition, and then she is a woman who commits zina, because she believes that this marriage is invalid and forbidden, so her intercourse is without marriage, and this is zina. Or she rejects the ruling and does not acknowledge it, and in that case she is a polytheist, why? Because she rejected the ruling of Allah and chose a ruling that she is satisfied with, so she made herself a partner with Allah in ruling and legislation, and this is what Ibn al-Qayyim went to, and I think his Shaykh Ibn Taymiyyah (may Allah have mercy on him) preceded him in this, and it is a very apparent opinion. As for the ruling of the issue, the Messenger (may the prayer and peace of Allah be upon him) said: The one who is flogged is for what? For zina. And he only said: in order to establish the zina, meaning: the one whose zina was established and he was flogged, is not to be married except to one like him, meaning except to a woman who commits zina. And its aspect, as we referred to, if it is yes, and its aspect is: she is aware of the prohibition of marriage but she commits the forbidden, so she is a woman who commits zina like this man who commits zina. So on this, the hadith indicates that it is not permissible to marry off a man who commits zina until he repents, and likewise, a man who commits zina is not to be married off until he repents from zina. Good. Then if it happens to him in the marriage, meaning: he was chaste and we married him off, then, may Allah protect us, he deviated and started committing zina, going to foreign lands and committing zina, is his marriage annulled? We say: it is not annulled, why? Because continuation is stronger than beginning, continuation is stronger than beginning. So on this, we say: a man who commits zina is not to be married off until he repents, and if he commits zina after the marriage, the marriage is not annulled.
Good, the woman who commits zina, We say in His statement: as we said in His statement: So the one who married her, either he is satisfied with the ruling of Allah and he believes that he is committing a forbidden act, so he is a man who commits zina, or he is not satisfied with the ruling of Allah and he sees that there is no harm in marrying a woman who commits zina, and in that case he is a polytheist.
Good, so if he married a woman who commits zina before she repented, the marriage is invalid and not correct, and it is obligatory to separate them. If she repented before he contracted the marriage with her, it is valid to contract the marriage with her, because if she repented, the description of zina is lifted from her and she is now chaste, because chastity is renewed just as zina is renewed. Good, but what is the sign of her repentance? Here some scholars say: the sign of her repentance is that she is tempted and she refuses, this is the sign. How is she tempted and refuses? Meaning, a man goes to her and says to her: give me access to yourself, and if she refuses, it is evidence of her repentance. But this opinion is very weak, because temptation does not indicate repentance, because the one who tempted her, either he is known for chastity and righteousness, and then she will refuse even if she desires, right? Do you all agree with this? Meaning, a man known for righteousness tempted her and said: give me access to yourself, so she will refuse because she will say: this man, yes, this is a police officer or a spy, the reason is that he is not worthy of committing zina, so she will refuse immediately. And if he is a wicked man, he is in great danger, what is the danger? That he commits zina with her. For this reason, we say: following this method in investigating her repentance is a great error. So how do we know that she has repented? We know that she has repented by women who contact her, or by her coming, for example, to the scholars and asking them, saying for example: that she committed a great sin, specifying it or magnifying it in the eyes of the questioner, and saying: she has repented, does she have a repentance? The important thing is that repentance has signs. As for the issue of temptation, as you heard, it is not a suitable way to investigate her repentance at all, and it is not suitable.
The summary of this hadith:
The student: Yes.

The Shaykh : It is possible, and on this, the hadith corresponds to the verse, and the verse is detailed: And the strange thing is that the majority of the scholars (may Allah have mercy on them) are of the opinion that it is permissible for a man who commits zina to marry a chaste woman and for a chaste man to marry a woman who commits zina, and this is one of the strange things. The aspect of it being strange is: that Allah said: an explicit text in prohibition, but they went to what they went to based on the fact that the meaning of His statement: is: he does not have intercourse with and you know that this is very weak, good.
So if a suitor proposed and he is accused of zina, do we give him? No, because the accused is not satisfied in his religion, nor in his character. Look, notice, because some sins destroy religion and character, and some sins destroy religion only. So zina, may Allah protect us, is a great sin that destroys religion and destroys character, for this reason, the man who commits zina is cited as an example of bad character and baseness.