{"fatawa":{"id":10898,"title":"Should he marry a woman who got divorced for his sake?","slug":"should-he-marry-a-woman-who-got-divorced-for-his-sake","order":"","question":"<p>I am a man who has been married for 13 years and I have three children.  About two years ago I left my wife&rsquo;s bed because my wife had gotten very  fat and does not take care of herself.&nbsp; <br \/> One and a half years ago I got to know a married woman, and this woman  fell deeply in love with me, to such an extent that she left her husband  and two daughters and got divorced. Since her divorce she has been very  attached to me. So much so that she came from her city to marry me here  and visit me and stay with me for a few days (my family are in another  city). She calls me every day and gets in touch via e-mail. We agreed  several times to get married, but I changed my mind every time out of  fear for my children and the breakup of my family. But at the same time I  feel very sorry for her, because she sacrificed her life and her  daughters for the sake of our happiness together (even though I did not  ask her to get divorced). I want to marry this woman, but at the same  time I cannot forget that she was the wife of another man before me and  she had sex with him. Now I have become religiously committed since  Ramadaan, and I do not miss any opportunity to pray in the mosque, and I  read Qur&rsquo;aan and I give charity; my attitude has become excellent  compared to what it was before. She has also become much better. But I  am afraid before Allaah that I may have been the cause of her first  family breaking up, and I want to live with her as a second wife. I am  also afraid for my own children if my family breaks up, and I am afraid  that I will not be able to forget her first marriage. &nbsp; <br \/> I hope that you can advise me because the sense of guilt is killing me  and it is affecting my worship. Please note that I can afford to get  married.<\/p>","answer":"<div class=\"list-group-item-text ftwa-single-answer font-nrmal\"><span class=\"line_height\"> Praise be to Allaah.\r\n<p>Firstly:&nbsp;<\/p>\r\n<p>It is very strange to see      people who insist on following the path that leads to doom and destruction. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<\/p>\r\n<p>It is very strange to see      people who will sink to any depths for the sake of a fleeting moment of      physical pleasure or illusionary happiness.&nbsp;<\/p>\r\n<p>A person whom Allaah has      blessed with a family and children, then he or she is not content with that,      and rather tries to break up other people&rsquo;s families and destroy their      happiness.&nbsp;<\/p>\r\n<p>That makes me wonder, what      type of happiness is that person seeking, and what sort of whims and desires      is he or she following?&nbsp;<\/p>\r\n<p>And here you are &hellip;you can      no longer see anything in your wife and the mother of your children, except      that she has gotten very fat and dos not look after herself!&nbsp;<\/p>\r\n<p>How strange it is that the      shaytaan can make attractive to people that which Allaah has forbidden, and      divert them by all means from that which Allaah has permitted to them. &nbsp;<\/p>\r\n<p>For whom should your wife      look after herself, when you have forsaken her bed for such a long time and      you did not stop there, rather you decided to go and live in one city when      your wife and children are living in another.&nbsp;<\/p>\r\n<p>Is this how families should      be? Is this how you take care of your family whom Allaah has entrusted to      your care?&nbsp;<\/p>\r\n<p>If it so happens that a man      is not satisfied with one wife, or she falls short in her duties towards      him, then Allaah has made it easier for us Muslims and has permitted us to      take four wives, one of whom may make up for the shortcomings of another, in      return for the husband looking after them and their children, and treating      them all fairly.&nbsp;<\/p>\r\n<p>Meeting one&rsquo;s needs is not      done by looking at that with which Allaah has blessed other people, or in      which He has favoured them over us, whether that is in terms of a wife,      children or wealth.&nbsp;<\/p>\r\n<p><em>&ldquo;And wish not for the      things in which Allaah has made some of you to excel others. For men there      is reward for what they have earned, (and likewise) for women there is      reward for what they have earned, and ask Allaah of His Bounty. Surely,      Allaah is Ever All\u2011Knower of everything&rdquo;<\/em><\/p>\r\n<p><em>[al-Nisa&rsquo; 4:32]<\/em>&nbsp;<\/p>\r\n<p>As Allaah has blessed us      with enough of that which is permissible, then what need do we have of      immoral ways for the purpose of gratification, unless all a man cares about      is pursuing his rrational desires?&nbsp;<\/p>\r\n<p>It was narrated from Abu      Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah       (peace and blessings of Allaah be upon him) said: &ldquo;He is not one of us who      turns a woman against her husband or a slave against his master.&rdquo; Narrated      by Abu Dawood (2175); classed as saheeh by al-Albaani in <em>Saheeh Abi      Dawood<\/em>.&nbsp;<\/p>\r\n<p>Abu Dawood (5170) also      narrated that Abu Hurayrah said: The Messenger of Allaah  (peace and      blessings of Allaah be upon him) said: &ldquo;Whoever corrupts a man&rsquo;s wife or      slave is not one of us.&rdquo; Classed as saheeh by al-Albaani in <em>Saheeh Abi      Dawood<\/em>.&nbsp;<\/p>\r\n<p>Shaykh &lsquo;Abd al-&lsquo;Azeem      Abaadi (may Allaah have mercy on him) said:&nbsp;<\/p>\r\n<p>&ldquo;turns a woman against her      husband&rdquo; means by mentioning the husband&rsquo;s bad qualities in to his wife, or      mentioning the good qualities of a stranger (non-mahram man) to her.&nbsp;<\/p>\r\n<p><em>&lsquo;Awn al-Ma&rsquo;bood<\/em> (6\/159).&nbsp;<\/p>\r\n<p>And he said: &ldquo;The one who      corrupts a man&rsquo;s wife&rdquo; means he turns her (against her husband) or makes the      idea of divorce attractive to her so that he can marry her or arrange her      marriage to someone else, and so on.&nbsp;<\/p>\r\n<p><em>&lsquo;Awn al-Ma&rsquo;bood<\/em> (14\/52).&nbsp;<\/p>\r\n<p>Shaykh al-Islam Ibn      Taymiyah (may Allaah have mercy on him) was asked about an imam (leading      people in prayer) who turns a woman against her husband so that she will      leave him and he can be alone with her &ndash; can people pray behind him? What is      the ruling on him?&nbsp;<\/p>\r\n<p>He replied:&nbsp;<\/p>\r\n<p>In <em>al-Musnad<\/em> it is      narrated that the Prophet  (peace and blessings of Allaah be upon him)      said:&nbsp; &ldquo;He is not one of us who turns a woman against her husband or a slave      against his master&rdquo;. So the man&rsquo;s attempt to separate a woman from her      husband is one of the gravest of sins; this is what the practitioners of      witchcraft try to do all the time, which is one of the worst deeds of the      devils, especially if he turns her against her husband in order to marry      her, as well as persisting in being alone with her, and especially if      circumstantial evidence shows that. Such a man should not be appointed as      imam of a mosque unless he repents, and if he repents, Allaah will accept      his repentance. If it is possible to pray someone else who is of good      character then people should pray behind him and not pray behind the one who      commits immoral actions openly for no need. And Allaah knows best.&nbsp;<\/p>\r\n<p><em>Majmoo&rsquo; al-Fataawa<\/em> (23\/363).&nbsp;<\/p>\r\n<p>Ibn al-Qayyim (may Allaah      have mercy on him) said: &nbsp;<\/p>\r\n<p>The Messenger of Allaah       (peace and blessings of Allaah be upon him) cursed the one who does      that, and disavowed him, and it is a major sin. If the Prophet  (peace      and blessings of Allaah be upon him) forbade a man to propose marriage to a      woman to whom his brother has already proposed, or to outbid him, then how      about one who tries to separate a man and his wife or slave woman in order      to get be with them. Lovers of physical outward beauty and the pimps who      help them do not see that as a sin, because the lover&rsquo;s seeking to be with      the one whom he loves and to share her with her husband or master is a kind      of sin and transgression against the rights of others, and that is no less      serious than committing the immoral action itself, if not worse. But the      rights of others are not waived by repenting from immoral actions; although      the rights of Allaah are waived when one repents, the rights of other people      remain in effect and they will have the right to demand them on the Day of      Resurrection. If the husband has been wronged by the corruption of his      beloved (wife) and she has been led to betray him, that is a greater wrong      than taking all of his wealth. Hence this is more upsetting for him than if      his wealth was taken and there is no pain greater than that except shedding      his blood. What a grave sin that is greater than committing the immoral      action itself. If this transgression is done to someone who is out on      campaign (for the sake of Allaah), then the sinner will be made to stand on      the Day of Resurrection, and it will be said to him (the victom): Take from      his hasanaat whatever you wish, as the Prophet  (peace and blessings of      Allaah be upon him) told us, then he said: What do you think? i.e., what do      you think will be left of his hasanaat? If in addition to that the one who      was wronged was a neighbour, or a blood relative, then the wrongdoing is      compounded, and the wrongdoing includes severing ties of kinship and harming      a neighbour, and no one who severs ties of kinship will enter Paradise, and      neither will one from whose harm his neighbour was not safe.&nbsp;<\/p>\r\n<p><em>Al-Jawaab al-Kaafi<\/em> (p. 14).&nbsp;<\/p>\r\n<p>Turning a wife against her      husband does not only mean pushing her to demand a divorce; rather trying to      play with her emotions and causing her to fall in love with you is one of      the worst kinds of corruption and wrongdoing. &nbsp;<\/p>\r\n<p>Yes, you did something      serious when you got to know this woman and kept in touch with her until you      destroyed her family, and she also did something serious when she fell in      love with someone other than her husband, and asked him for a divorce, so      she destroyed her family herself, and asked for something that was not      permissible for her.&nbsp;<\/p>\r\n<p>It was narrated from      Thawbaan (may Allaah be pleased with him) that the Prophet  (peace and      blessings of Allaah be upon him) said: &ldquo;Any woman who asks her husband for a      divorce for no reason, the fragrance of Paradise will be forbidden to her.&rdquo;&nbsp;<\/p>\r\n<p>Narrated by al-Tirmidhi      (1187), Abu Dawood (2226) and Ibn Majaah (2055); classed as saheeh by      al-Albaani in <em>Saheeh Abi Dawood<\/em>.&nbsp;<\/p>\r\n<p>We hope that by means of      this stern rebuke Allaah will stir the conscience of everyone who reads this      answer and so that they will think about the evil consequences of      transgressing the set limits and taking lightly the matter of contacting the      opposite sex and speaking to them. We have quoted several times the view of      the scholars that this is haraam.&nbsp;<\/p>\r\n<p>See:      <a href=\"http:\/\/islamqa.info\/en\/26890\">26890<\/a>,      <a href=\"http:\/\/islamqa.info\/en\/52768\">52768<\/a>,      <a href=\"http:\/\/islamqa.info\/en\/66266\">66266<\/a> and <a href=\"http:\/\/islamqa.info\/en\/59907\">59907<\/a>.&nbsp;<\/p>\r\n<p>We also hope that this will      prompt both of you to repent sincerely to Allaah and ask Him for forgiveness      for what has happened, and finally to restore people&rsquo;s rights. &nbsp;<\/p>\r\n<p>You should note that Allaah      accepts repentance from His slaves if it is sincere, and that the door of      His mercy is open and will not be shut until the sun rises from the west. In      many cases a person is better after sinning and repenting from it than he      was before.&nbsp;<\/p>\r\n<p>Allaah says (interpretation      of the meaning): &nbsp;<\/p>\r\n<p><em>&ldquo;Say: &ldquo;O &lsquo;Ibaadi (My      slaves) who have transgressed against themselves (by committing evil deeds      and sins)! Despair not of the Mercy of Allaah, verily, Allaah forgives all      sins. Truly, He is Oft\u2011Forgiving, Most Merciful.<\/em><\/p>\r\n<p><em>54.&nbsp;&ldquo;And turn in      repentance and in obedience with true Faith (Islamic Monotheism) to your      Lord and submit to Him (in Islam) before the torment comes upon you, (and)      then you will not be helped&rdquo;<\/em><\/p>\r\n<p><em>[al-Zumar 39:53-54]&nbsp;<\/em><\/p>\r\n<p><em>&ldquo;Truly, Allaah loves      those who turn unto Him in repentance and loves those who purify themselves&rdquo;<\/em><\/p>\r\n<p><em>[al-Baqarah 2:222]<\/em>&nbsp;<\/p>\r\n<p>Secondly:&nbsp;<\/p>\r\n<p>The conditions of sincere      repentance include restoring people&rsquo;s rights to them, for the accountability      is not waived until the rights are restored and the person who was wronged      takes what is rightfully his in this world, before the Hereafter.&nbsp;<\/p>\r\n<p>What this woman must do is      go back, and try to apologize to her former husband through some of the      people who are close to him. If the matter has to be referred to a qaadi      (judge) he would not allow any marriage contract with this woman, until she      repents and goes back to her husband. &nbsp;<\/p>\r\n<p>It says in <em>al-Mawsoo&rsquo;ah      al-Fiqhiyyah<\/em> (5\/251):&nbsp;<\/p>\r\n<p>The fuqaha&rsquo; stated clearly      that pressure should be put on him and he should be rebuked. The Maalikis      confirmed that the woman who was turned against her husband is permanently      haraam for the one who turned her against her husband, so as to give him the      opposite of what he was trying to achieve and to serve as a deterrent, lest      people take that as a means to corrupt wives.&nbsp;<\/p>\r\n<p>A marriage that begins with      disobedience towards Allaah will usually never be successful, and it will      become a punishment and a burden for the one who did that. &nbsp;<\/p>\r\n<p>If the husband forgives      her, then praise be to Allaah, but if he refuses and does not agree to take      his wife back, then there is nothing wrong with you two getting married in      that case, as long as you feel regret and ask Allaah for pardon and      forgiveness.&nbsp;<\/p>\r\n<p>The majority of scholars      say that the marriage of a man who turned a woman against her husband so      that he would divorce her and then marries her himself is valid, despite the      sin of turning a woman against her husband &ndash; which is the correct view,      although some Maaliki and Hanbali scholars disagreed and regarded such      marriages as invalid.&nbsp;<\/p>\r\n<p>In <em>al-Iqnaa&rsquo;<\/em> (3\/181), which is a Hanbali book, it says:&nbsp;<\/p>\r\n<p>He said concerning a man      who turns a wife against her husband: he should be punished severely, and      his marriage is invalid according to one of the two scholarly opinions in      the madhhabs of Maalik, Ahmad and others, and they must be separated. End      quote.&nbsp;<\/p>\r\n<p>It says in al-Mawsoo&rsquo;ah      al-Fiqhiyyah (11\/19, 20):&nbsp;<\/p>\r\n<p>The Maalikis are the only      ones who mentioned the ruling on this issue, which is when a man corrupts      the wife of another man in such a way that it leads to her being divorced      from him, then the one who corrupted her marries her.&nbsp;<\/p>\r\n<p>They stated that the      marriage should be nullified, whether consummation has taken place or not,      and there is no difference of opinion concerning that; the only thing      concerning which they differed is whether or not the woman is permanently      forbidden for marriage to the one who corrupted her. They mentioned two      opinions concerning that:&nbsp;<\/p>\r\n<p>1 &ndash; The well known view,      which is that the prohibition is not permanent. If she goes back to her      first husband and he divorces her or he dies, then it permissible for the      one who corrupted her to marry her.&nbsp;<\/p>\r\n<p>2 &ndash; That the prohibition is      permanent. This view was mentioned by Yoosuf ibn &lsquo;Umar, as it says in <em> Sharh al-Zarqaani<\/em>, and more than one of the later scholars in Fez issued      fatwas on this basis.&nbsp;<\/p>\r\n<p>However, fuqaha&rsquo; who are      non-Maaliki did not issue any clear ruling on this issue, but the ruling on      it, which is that it is forbidden, may be known from what has been stated      above. End quote.&nbsp;<\/p>\r\n<p>In <em>Kutub A&rsquo;immah      al-Da&rsquo;wah al-Najdiyyah<\/em> (7\/89) it says:&nbsp;<\/p>\r\n<p>Shaykh &lsquo;Abd-Allaah ibn      al-Shaykh Muhammad (may Allaah have mercy on them both) was asked about a      man who turned a woman against her husband and married her.&nbsp;<\/p>\r\n<p>He replied:&nbsp;<\/p>\r\n<p>The marriage of the second      man, who turned her against her husband, is invalid and he must leave her,      because he disobeyed Allaah by doing that. End quote.&nbsp;<\/p>\r\n<p>We hope that if you repent      properly and are sincere towards Allaah, then you will be able to marry this      woman, if she first tries to set right what was corrupted in her marriage      with her first husband.&nbsp;<\/p>\r\n<p>As for worrying about the      fact that she had another husband, and they did together what a man and wife      do, this is an idea that is worthless. What is off-putting for a man with      dignity is if a woman soiled herself by having haraam intimate relations. As      for that which Allaah has prescribed and permitted for His slaves, there is      no reason it should be regarded as off-putting!&nbsp;<\/p>\r\n<p>Allaah says (interpretation      of the meaning):&nbsp;<\/p>\r\n<p><em>&ldquo;It may be if he      divorced you (all) that his Lord will give him instead of you, wives better      than you ___Muslims (who submit to Allaah), believers, obedient (to Allaah), turning to      Allaah in repentance, worshipping Allaah sincerely, given to fasting or      emigrants (for Allaah&rsquo;s sake), previously married and virgins&rdquo;<\/em><\/p>\r\n<p><em>[al-Tahreem 66:5]<\/em>&nbsp;<\/p>\r\n<p>Allaah says that there is      blessing in marriage to a previously married woman as much as in marriage to      a virgin.&nbsp;<\/p>\r\n<p>With regard to what you      fear of your children suffering, it is something that may happen when you      marry another wife after your first marriage. What we hope is that if you      marry this woman or any other, that you will not build a new home on the      ruins of your first family, including your first wife and children. Rather      the one who wants to indulge in this experience must have wisdom and      smartness to organize his household affairs and deal with those under his      care; he must treat his wives fairly and give everyone their rights, so that      no one could hold him accountable for any wrongdoing before his Lord.&nbsp;<\/p>\r\n<p>An Arab man who had several      wives was asked how he was able to keep them together. He said: When we were      youthful, that helped by making them patient with me, then I accumulated      wealth that made them continue to be patient, then what is left is kindness      and good treatment. That is what is left and is keeping us together.&nbsp;<\/p>\r\n<p><em>&lsquo;Uyoon al-Akhbaar<\/em> (1\/396)&nbsp;<\/p>\r\n<p>We ask Allaah to forgive      and guide us and you two.&nbsp;<\/p>\r\n<p>And Allaah knows best.<\/p>\r\n<\/span><\/div>\r\n<div style=\"padding: 3px; padding-right: 6px; text-align: right;\">Islam Q&amp;A<\/div>","status":1,"created_at":"2015-04-11T20:51:59.000000Z","updated_at":"2015-04-11T20:51:59.000000Z","language_id":1,"fatawacate_id":42,"parent_id":10897,"author_id":"","books":[],"articles":[],"videos":[],"audios":[],"author_name":"","category_name":"\u0627\u0644\u0645\u062d\u0631\u0645\u0627\u062a \u0645\u0646 \u0627\u0644\u0646\u0633\u0627\u0621","category_slug":"","get_date":"2015-04-11"},"translations":[],"fatawa_books":[],"fatawa_articles":[],"fatawa_videos":[],"fatawa_audios":[],"url":"http:\/\/islamland.com\/eng\/api\/fatawas\/10898"}