Umm Yoosuf
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Al-Imaam ‘Abdul-‘Azeez bin Baaz (rahimahullaah) discusses the ruling of marrying a pregnant woman
The ruling of marrying a woman who is (already) pregnant
Question: A question has come from a questioner with the initials ‘Ain, Meem, Khaa, who is of Egyptian nationality, and he lives in the Kingdom (i.e. Saudi Arabia). He says in his letter, “I married a woman who is not from my relatives, for a period of time that is going on approximately one year now, and after the marriage ceremony she became ill so I went with her to the doctor who particularly deals with women (i.e. gynecologist). So he said to me after examining her, ‘Verily your wife is in her sixth month of pregnancy.’ And this matter – meaning our going to the doctor – happened after I had only been married to her for approximately a month. So is it right for me to remain with her, and deal with her like a wife, and protect her reputation and honor after that which has happened, and she was (supposed to be) a virgin, and I didn’t know anything about this (her pregnancy) until I had already married her? Or is it better to divorce her, and this is while knowing that I do not want to live with her, and indeed I have developed some psychological issues due to her (because of what happened). And if divorce occurs does she have rights upon me regarding the gold (that he gave her for marriage), and other things, and the dowry? Please benefit me, and may Allaah benefit you.”
Answer: In the Name of Allaah, the Most Merciful, the Giver of Mercy. All praise is due to Allaah, and may prayers of blessing and peace be upon the Messenger of Allaah, and upon his family, and his companions, and whoever follows his guidance. Thus to proceed: This marriage is not valid, because it happened with a woman who was pregnant. And the marriage of a woman who is already pregnant is not correct, if the pregnancy is from a man other than the one who is marrying her. And it is authenticated from the Messenger of Allaah (sallallaahu ‘alayhi wa sallam) that he prohibited the slave of Allaah (i.e. a man) from watering the crop of someone else. This means marrying a woman who is pregnant. So what is obligatory, what is upon you is that you separate from her (i.e. divorce her), and leave her. In reference to what relates to her dowry, and to her rights then that is between you, her and the Mahkamah (Sharee’ah court), except that which you and her come to some agreement about between yourselves. So the intent here is that the marriage is not valid because of what happened from someone other than himself, and she was pregnant by someone other than himself, so the marriage is invalid. In reference to what relates to whether she willfully or by force (i.e. rape) committed fornication, and the causes of this pregnancy, this is something that is connected to the Mahkamah (Sharee’ah court), and the judgment will suffice in reference to what relates to that, in reference to the woman and what relates to her rights. And Allaah knows best. Yes.
Reader: May Allaah bless you, so he must separate from her (i.e. divorce)?
Shaikh: Yes.
Source (audio file): http://www.ibnbaz.org.sa/index.php?pg=mat&type=audio&id=194
The ruling of marrying a woman who is (already) pregnant
Question: A question has come from a questioner with the initials ‘Ain, Meem, Khaa, who is of Egyptian nationality, and he lives in the Kingdom (i.e. Saudi Arabia). He says in his letter, “I married a woman who is not from my relatives, for a period of time that is going on approximately one year now, and after the marriage ceremony she became ill so I went with her to the doctor who particularly deals with women (i.e. gynecologist). So he said to me after examining her, ‘Verily your wife is in her sixth month of pregnancy.’ And this matter – meaning our going to the doctor – happened after I had only been married to her for approximately a month. So is it right for me to remain with her, and deal with her like a wife, and protect her reputation and honor after that which has happened, and she was (supposed to be) a virgin, and I didn’t know anything about this (her pregnancy) until I had already married her? Or is it better to divorce her, and this is while knowing that I do not want to live with her, and indeed I have developed some psychological issues due to her (because of what happened). And if divorce occurs does she have rights upon me regarding the gold (that he gave her for marriage), and other things, and the dowry? Please benefit me, and may Allaah benefit you.”
Answer: In the Name of Allaah, the Most Merciful, the Giver of Mercy. All praise is due to Allaah, and may prayers of blessing and peace be upon the Messenger of Allaah, and upon his family, and his companions, and whoever follows his guidance. Thus to proceed: This marriage is not valid, because it happened with a woman who was pregnant. And the marriage of a woman who is already pregnant is not correct, if the pregnancy is from a man other than the one who is marrying her. And it is authenticated from the Messenger of Allaah (sallallaahu ‘alayhi wa sallam) that he prohibited the slave of Allaah (i.e. a man) from watering the crop of someone else. This means marrying a woman who is pregnant. So what is obligatory, what is upon you is that you separate from her (i.e. divorce her), and leave her. In reference to what relates to her dowry, and to her rights then that is between you, her and the Mahkamah (Sharee’ah court), except that which you and her come to some agreement about between yourselves. So the intent here is that the marriage is not valid because of what happened from someone other than himself, and she was pregnant by someone other than himself, so the marriage is invalid. In reference to what relates to whether she willfully or by force (i.e. rape) committed fornication, and the causes of this pregnancy, this is something that is connected to the Mahkamah (Sharee’ah court), and the judgment will suffice in reference to what relates to that, in reference to the woman and what relates to her rights. And Allaah knows best. Yes.
Reader: May Allaah bless you, so he must separate from her (i.e. divorce)?
Shaikh: Yes.
Source (audio file): http://www.ibnbaz.org.sa/index.php?pg=mat&type=audio&id=194
