Marrying a Woman with Whom One Has Committed Zina

Question

Zayd married and had three or four sons. Then, without contracting a nikah, Zayd had intercourse for a long time with another woman whose husband had died, and afterwards, 6–7 months later, he contracted a nikah with her. Did the nikah take place or not? Kindly give an answer.

Answer

If Zayd contracted the nikah with this woman after her ‘idda (waiting period) had ended, then this nikah is valid, provided there is no other Shar‘i impediment. Although intercourse before the nikah is haram, it is not an impediment to the nikah: [ar]إِذَا تَزَوَّجَ امْرَأَةً قَدْ زَنَى بِهَا وَظَهَرَ بِهَا حَبَلٌ فَالنِّكَاحُ جَائِزٌ عِنْدَ الْكُلِّ[/ar] “If he marries a…

Source: Fatawa Mahmudiyya

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