What is the ruling on a man marrying a married woman who claimed she was divorced, and he contracted a customary marriage with her, and what is the ruling on the money he took from her through deceit and theft, and is this money considered the earnings of a harlot, and does the woman's forgiveness make the money lawful, and what should he do with unlawful money if he cannot return it, and what are the conditions for this young man's repentance?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The woman is still under the conjugal bond of the first husband, because his statement "you are free" is an kinayah (allusive expression) of divorce, and divorce does not occur with it except by intention, and the default is the continuation of the marriage. Her second marriage is invalid due to its lack of a guardian as well, so the second relationship was zina (fornication/adultery), and they must repent to Allah. As for the money the second husband took from her, his liability is absolved if she forgives him for it, and this is not considered mahr al-baghi (prostitute's dowry).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 92813
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy