He married a married woman who lied to him

14-12-2014 | IslamWeb

Question:

What should I do if I married with a woman who falsely told me that she was divorced with her previous husband? I believed her and married and had a child. Now I found out she lied to me.

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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.

If this woman deceived you and lied to you about not being married when you married her, then there is no sin on you for that. Allaah says (what means): {And there is no blame upon you for that in which you have erred but [only for] what your hearts intended. And ever is Allaah Forgiving and Merciful.} [Quran 33: 5] Moreover, Ibn ‘Abbaas narrated that the Prophet, sallallaahu ‘alayhi wa sallam, said: "Allaah has forgiven my people for things they forget, or do by mistake, or which they do under compulsion." [Ibn Maajah]

As regards that woman, she is very sinful and she must repent. For details, please refer to Fatwa 86527.

Your marriage to her is void according to the consensus of the scholars; please refer to Fataawa 87134 and 120395. Hence, you must separate from her immediately and you are not permitted to have sexual intercourse with her.

Regarding whose name the child bears, please refer to Fatwa 90732 for a detailed explanation.

It is not permissible for her husband to have sexual intercourse with her until after he makes sure that she is not pregnant by you. This can be done by her having one menstrual period according to the view of some scholars.

Allaah Knows best.