Prohibition by Affinity Arising from a Claim of Zina

Question

A ruling is sought on a matter whose circumstances are as follows. Bundi was a widow; her second nikah took place with Zayd. The two are twenty and twenty-five years old. After the nikah it became known that the man is no good. After the nikah the woman probably stayed at her husband’s place for less than two years. A daughter was also born to Bundi, who is alive and is thirteen months old. And there was constant quarrelling in their home. Now Bundi has come to her father’s house.

Answer

If Zayd is certain of these words of Bundi and confirms them, then according to the Shari‘a Bundi has become haram for Zayd. It is wajib for Zayd to perform mutaraka (relinquishment of the marriage) with Bundi, that is, to say to her, “I have left you,” or to give her a talaq, and to separate from her forever.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.