The Ruling on the Marriage of a Man Who Committed Zina to the Woman with Whom He Committed Zina While She Was Pregnant

Question:
A man committed zina with a woman, and she became pregnant through this unlawful act. Then he went to her father and asked to marry her. The marriage contract was concluded, and he married her while she was three months pregnant. The question is: What is the ruling on this marriage? How valid is its contract? And are their children legitimate, or not?

Answer:
The marriage is not valid with the pregnancy resulting from zina until she repents, until she exits the waiting period of this invalid zina, until she is purified by one menstrual cycle, and until she repents. Then he may marry her after that.

Question: Even if the child is his?

Answer: Even if it is his, because this pregnancy is not attributed to him; zina is not ascribed to him. Furthermore, the woman who commits zina must be called to repent, and he must repent as well; because it is not permissible for him to marry her until her repentance becomes apparent. He is likewise not a suitable match until his repentance becomes apparent. Therefore, in any case, it is necessary to call all of them to repent.