A Nikah upon a Nikah for a Minor Girl

Question

Zayd married his minor daughter to Bakr, and then, without having obtained a talaq from Bakr, married her to Khalid. Is this second nikah now permissible or not, and what is the ruling of the noble Shari‘a concerning the one who does such a thing? Please explain, and be rewarded.

Answer

This second nikah is impermissible according to the Shari‘a. If Khalid knows that the girl to whom Zayd has married him had already been married by him to Bakr, and Bakr has not given her a talaq, then according to the Shari‘a Khalid too has sinned. If he has intercourse, it will be zina, the sin of which will fall upon Zayd as well as upon Khalid.

Source: Fatawa Mahmudiyya

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