Benefits of the Hadith: (Divorce Whichever of the Two You Wish)
Machine translationRead the Arabic original
The Shaykh : It is derived from this hadith: that the marriage contracts of disbelievers are valid, and that they are not investigated unless the cause of prohibition is still present at the time of Islam, in which case prohibition is obligatory. Let us give examples of this: A disbeliever married his sister, because the Zoroastrians consider the marriage of sisters permissible, and may Allah protect us, as well as daughters and mothers. So this Zoroastrian married his sister, and then he embraced Islam while he was married to her, believing that the marriage was valid. We do not intervene before Islam because he considers this marriage valid. He embraced Islam; is it obligatory to separate them?
The student: Yes.
The Shaykh : Why?
The student: The impediment is present.
The Shaykh : Because the impediment is present; she is still his sister, so they must be separated. Now, another example: A man married his wife's sister while he was a disbeliever, then the first wife died, and then he embraced Islam. Is the first marriage valid or not valid?
The student: Not correct.
The Shaykh : It is not valid in Islam, but since he was a disbeliever, his contract is considered valid based on his belief. So we say: now the wife remains.
The third example: A man married his ex-wife for the third time before she married another husband, and he was a disbeliever, then he embraced Islam?
The student: ...
The Shaykh : Now, is the impediment still there or not?
The student: Remaining.
The Shaykh : The impediment is still there, like his sister.
Now, the fourth example: He married a woman during her waiting period. A disbeliever married a woman during her waiting period, then her waiting period ended, and then he embraced Islam? Does she remain or is the marriage annulled?
The student: She remains.
The Shaykh : She remains because the impediment has been removed. The impediment has been removed; the waiting period has ended, so she is now lawful for him. So the criterion is: look, is she lawful for him in the state of his Islam or not? If she is lawful for him, do not ask about the contract. If she is lawful for him, do not ask about the contract.
Wait, the fifth example: He married a woman who was in a state of consecration (ihram), then he embraced Islam after her consecration ended?
The student: ...
The Shaykh : The contract is not valid, my brothers, because the woman in consecration is a Muslim and is not lawful for a disbeliever in the first place. Be careful, my brothers, do not tread on the path unless you know where your feet are.
The student: She can be in a state of consecration while she is a disbeliever.
The Shaykh : It is absolutely impossible; only a Muslim woman can be in a state of consecration. Now, in any case, what is the criterion? If she is such that if he contracted marriage with her now, the marriage would be valid, then she remains. And if she is such that if he contracted marriage with her, the marriage would not be valid, then she does not remain. This is the criterion. Now.
Then he said: "And from Salim, from his father (may Allah be pleased with him)". Salim from his father, who is Salim? Salim ibn 'Abd Allah ibn 'Umar (may Allah be pleased with them). From his father, 'Abd Allah ibn 'Umar:Bulugh al-Maram 8:48 It was narrated by Ahmad, al-Tirmidhi, and it was authenticated by Ibn Hibban and al-Hakim, and al-Bukhari, Abu Zur'ah, and Abu Hatim pointed out its defect.
This is similar to the first one. Yes, a question. Now, we will leave our discussion on it for later. Yes.
The student: Yes.
The Shaykh : Why?
The student: The impediment is present.
The Shaykh : Because the impediment is present; she is still his sister, so they must be separated. Now, another example: A man married his wife's sister while he was a disbeliever, then the first wife died, and then he embraced Islam. Is the first marriage valid or not valid?
The student: Not correct.
The Shaykh : It is not valid in Islam, but since he was a disbeliever, his contract is considered valid based on his belief. So we say: now the wife remains.
The third example: A man married his ex-wife for the third time before she married another husband, and he was a disbeliever, then he embraced Islam?
The student: ...
The Shaykh : Now, is the impediment still there or not?
The student: Remaining.
The Shaykh : The impediment is still there, like his sister.
Now, the fourth example: He married a woman during her waiting period. A disbeliever married a woman during her waiting period, then her waiting period ended, and then he embraced Islam? Does she remain or is the marriage annulled?
The student: She remains.
The Shaykh : She remains because the impediment has been removed. The impediment has been removed; the waiting period has ended, so she is now lawful for him. So the criterion is: look, is she lawful for him in the state of his Islam or not? If she is lawful for him, do not ask about the contract. If she is lawful for him, do not ask about the contract.
Wait, the fifth example: He married a woman who was in a state of consecration (ihram), then he embraced Islam after her consecration ended?
The student: ...
The Shaykh : The contract is not valid, my brothers, because the woman in consecration is a Muslim and is not lawful for a disbeliever in the first place. Be careful, my brothers, do not tread on the path unless you know where your feet are.
The student: She can be in a state of consecration while she is a disbeliever.
The Shaykh : It is absolutely impossible; only a Muslim woman can be in a state of consecration. Now, in any case, what is the criterion? If she is such that if he contracted marriage with her now, the marriage would be valid, then she remains. And if she is such that if he contracted marriage with her, the marriage would not be valid, then she does not remain. This is the criterion. Now.
Then he said: "And from Salim, from his father (may Allah be pleased with him)". Salim from his father, who is Salim? Salim ibn 'Abd Allah ibn 'Umar (may Allah be pleased with them). From his father, 'Abd Allah ibn 'Umar:
Ghailan bin Salamah accepted Islam and he had ten wives who accepted Islam along with him. So, the Prophet (ﷺ) commanded him to, "Choose four of them."
أن غيلان بن سلمة أسلم وله عشر نسوة، فأسلمن معه، فأمره النبي صلى الله عليه وسلم أن يتخير منهن أربعًاThis is similar to the first one. Yes, a question. Now, we will leave our discussion on it for later. Yes.