Marrying a Married Girl Elsewhere on a Fatwa Obtained Through a False Account

Question

Zayd’s daughter’s nikah was contracted by the girl’s parents before she reached puberty. But when the girl reached puberty, there was no longer mutual consent between the parties, nor was the girl divorced. The girl’s parents, concealing the reality, stated to a certain respected scholar that the girl’s nikah — “they performed it after applying a drug for unconsciousness to me; now I do not know whether in the state of unconsciousness I gave permission or did not” — is the nikah valid or not?

Answer

Since the respected scholar was himself unaware of the actual incident, and the girl’s father stated a false incident, and the respected scholar gave the fatwa taking it to be true, there is no fault of the respected scholar in this.

Source: Fatawa Mahmudiyya

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