Marrying a woman pregnant from zina and intercourse with her

Question

A man committed zina with a strange woman and she became pregnant. This deed of theirs became widely known in that town or village. But when people asked the adulteress whether this man commits zina with her, the adulteress flatly denied it and, moreover, attributed the matter to another, unrelated man. Then there was concern about nikah, and people had her nikah recited with this very other man while she was pregnant. The first man, who was the fornicator, was given no punishment or the like.

Answer

Does that other man also admit to zina or not? If he admits it, then nikah with him is permissible, and intercourse is also permissible. If he denies it, the nikah is permissible, but intercourse before she gives birth is not permissible. Thus in al-Fatawa al-Hindiyya, vol. 2, p. 288, Kitab al-Nikah.

Source: Fatawa Mahmudiyya

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