Marrying a woman pregnant from zina

Question

(1) Zayd has been living in ‘Amr’s house for two or three years. ‘Amr has a daughter, Hinda, to whom Zayd’s marriage had been agreed, but the nikah of Hinda and Zayd had not yet been contracted; only the parents of Hinda and Zayd had completed the negotiations. Both Hinda and Zayd knew of this, and so both of them, Zayd and Hinda, lived in one house (at ‘Amr’s), since ‘Amr is Zayd’s paternal uncle; for this reason Zayd lived at ‘Amr’s.

Answer

(1) Let Zayd be married to Hinda in this very state. (2) He may. (3) It is not yet time to ask about this. When the child is born, then ask, writing how many days after the nikah the child was born. (4) If it were established by a Shar‘i proof, the rulings are very severe, but their conditions are not present here. Therefore one should suffice with repentance (tawba)

Source: Fatawa Mahmudiyya

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