Marriage of a Woman with Whom Zina Was Committed During Her ‘Idda to That Man After the ‘Idda Ends

Question

Hinda’s husband gave her three talaqs (divorces), or Hinda’s husband died, and Zayd committed zina with Hinda during the days of her ‘idda (God forbid). May Hinda, after the ‘idda has passed, contract a nikah with Zayd (the man who committed zina)? Or has she become haram for Zayd forever? And has any defect occurred in Hinda’s ‘idda? It is widespread among the common people that the woman with whom zina was committed becomes haram forever for the one who committed zina during the ‘idda — is this correct?

Answer

Because of this major sin (kabira), the woman with whom zina was committed does not become haram forever for the man who committed zina with her, nor does a second ‘idda become wajib for her. Rather, until the first ‘idda ends, the two should remain apart. Then, when the ‘idda has ended, they may contract the nikah. They should repent of the sin.

Source: Fatawa Mahmudiyya

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