A Husband Sold His Wife and Wrote Her a Release; after the ‘Idda the Buyer Forcibly Obtained Permission and Married Her; Then after a Court Ruling the Father Handed Her to Zayd without Nikah — What Is the Ruling on Nikah with Zayd?

Question

The father of a girl named Khalida married her, in accordance with the Shari‘a, to Rashid. After some time Rashid took some money from his friend Bakr and handed the girl over to Bakr. When Bakr paid the money, Rashid wrote the girl a written release from the marriage. The girl completed her prescribed ‘idda in Bakr’s house. After this the agent and witnesses on Bakr’s behalf asked the girl for permission for her to marry Bakr, but the girl was not willing.

Answer

This state of affairs is extremely lamentable and a display of shamelessness. The first wrong in it is Rashid’s. The second wrong is Bakr’s. When Rashid gave the talaq, he thereby cut off his marital right. The third wrong is the parents’: their daughter was sold by a shameless son-in-law and handed over to a stranger, and they took no heed of her.

Source: Fatawa Mahmudiyya

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