Is it permissible to marry the 17-year-old pregnant widow of a younger brother, in order to raise the child in my home, but without intercourse due to lack of desire?
It is not permissible to marry the wife of a deceased brother until after her waiting period (iddah) ends with her delivery, based on the Almighty's saying: "And for those who are pregnant, their term is until they deliver their burdens." After the iddah ends, it is permissible to marry her. This marriage and caring for her child are considered a good deed for which the doer will be rewarded, as the Prophet (peace be upon him) said: "I and the guardian of the orphan will be in Paradise like these two," and "The one who strives for the widow and the poor is like the fighter in the way of Allah." If the husband stipulates at the time of the contract that he will not have intercourse with her, this condition is void and does not affect the validity of the contract. He must treat her kindly and give her conjugal rights, as this is one of the most essential rights of the wife.
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- Ftawy
- Original fatwa ID
- 175603
- Imported
- Translation status
- Source text, unreviewed
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