What is the ruling on a man who marries a woman after having committed zina with her, and he marries her while she is pregnant from that zina?
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The questioner : A man committed zina with a woman and then married her, and she is pregnant from that zina. What is the ruling?
The Shaykh : The ruling, as you know, is that a man does not marry a woman who commits zina, and a woman does not marry a man who commits zina, except for a mushrik (one who associates partners with Allah) or a mushrikah (one who associates partners with Allah).
The questioner : But this is the one who committed zina; this husband is the one who committed zina with her before that.
The Shaykh : I mean, in your opinion, does the verse not include him?[An-Nur 24:3] And the woman who commits zina, likewise, does it not include them?
The questioner : It includes them.
The Shaykh : Then what is the benefit of this correction, may Allah forgive you?!
The questioner : Okay, if this marriage has taken place, is the marriage invalid?
The Shaykh : The marriage is invalid.
The questioner : While she is pregnant from the zina.
The Shaykh : The marriage is invalid unless they repent and turn back to Allah, but the child in her womb is a child of zina and it is not permissible to attribute it to them.
The questioner : Okay, meaning if they repent, do they not conclude a new contract?
The Shaykh : Of course, a new contract is necessary, and not with the adulterers?!
The questioner : Meaning, once the ruling is known, they must be separated immediately, and then a new contract is concluded after she gives birth?
The Shaykh: Yes.
The questioner: All right.
The Shaykh : The ruling, as you know, is that a man does not marry a woman who commits zina, and a woman does not marry a man who commits zina, except for a mushrik (one who associates partners with Allah) or a mushrikah (one who associates partners with Allah).
The questioner : But this is the one who committed zina; this husband is the one who committed zina with her before that.
The Shaykh : I mean, in your opinion, does the verse not include him?
The fornicator does not marry except a [female] fornicator or polytheist
الزَّانِي لَا يَنْكِحُ إِلَّا زَانِيَةً أَوْ مُشْرِكَةً ...The questioner : It includes them.
The Shaykh : Then what is the benefit of this correction, may Allah forgive you?!
The questioner : Okay, if this marriage has taken place, is the marriage invalid?
The Shaykh : The marriage is invalid.
The questioner : While she is pregnant from the zina.
The Shaykh : The marriage is invalid unless they repent and turn back to Allah, but the child in her womb is a child of zina and it is not permissible to attribute it to them.
The questioner : Okay, meaning if they repent, do they not conclude a new contract?
The Shaykh : Of course, a new contract is necessary, and not with the adulterers?!
The questioner : Meaning, once the ruling is known, they must be separated immediately, and then a new contract is concluded after she gives birth?
The Shaykh: Yes.
The questioner: All right.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.