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A married man wants to marry a second woman who has herpes

Question

Assalaamu Alaikum waraghmatullah If a brother wants to marry a sister as a second wife. How ever the sister has a picked up a sexually transmitted desease known herpes because of previouse relationship but she has repented sincerely. she was not raised as a practising muslim. How ever now she is practising MasrhAllah and repented for her past. Is the brother allowed to marry this sister bearing in mind that he may contract the disease even if he does wear protection and then pass it on to his wife. what is the ruling in this regard. please advise

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

Since this disease is contagious, it is not permissible for you to marry this woman until you seek the permission of your first wife because you may get contracted with this disease, and so, infect and harm your first wife with it. The Hanbali scholars  may  Allaah  have  mercy  upon  them stated that it is not permissible for a leprous person to mix with a fit and healthy person except with his/her permission.

For more benefit, please refer to Fatwa 82275.

Allaah Knows best.

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