𝗠𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (53)

Marrying a Previously Married Woman in Light of Social Criticism Question: I am a man thirty-five years of age. I married a woman who was fifteen years old at the time; I married her when I was twenty-eight. It should be noted that this woman had previously been married to another man, but she remained with him for only three months and did not bear him any children. I married her immediately after her divorce from him. She has now been living with me for seven years, and she has borne me five children: three daughters and two sons. It should also be noted that my life with her is very happy and free from problems, and that this woman is religious and righteous. However, the problem is that my relatives and colleagues have reproached me for this matter and mocked me with words, saying that I married a previously married woman (a non-virgin), and they claim that my marriage is still a liability upon me. I therefore ask Your Eminence to advise me as you see fit, may Allāh bless you. Is it permissible for me to marry another woman in addition to her? That is, to marry a young woman and leave her, or to marry another while she remains with me? Please advise us. May Allāh bless you. Sheikh ’Uthaymeen raḥimahullāh: We inform you that your marriage to this woman who had been married before you is permissible, and there is no blame upon you for it. Rather, those who blame or criticise you are the ones who deserve blame and criticism. They have no right to interfere in the relationship between a man and his wife, and they resemble those about whom Allāh, Exalted be He, said: “They learn from them that by which they cause separation between a man and his wife.” My advice to you is to remain with your wife so long as you are both happy and have children together, and not to aspire to another wife for the reason cited by those ignorant people who reproach you. The Prophet (peace and blessings be upon him), the noblest of creation, the most God-fearing, and the most devoted in worship, first married a previously married woman—Khadijah bint Khuwaylid (may Allāh be pleased with her). Indeed, all of the wives of the Prophet (peace and blessings be upon him) were previously married women except for ʿĀ’ishah (may Allāh be pleased with her). Therefore, there is no blame or fault upon a person who marries a woman who was previously married to another man. As long as you are happy with your family, hold fast to them and do not aspire to anyone else. As for a man marrying another wife in addition to his current wife, from the perspective of permissibility, there is no objection to it. A person may marry one, two, three, or four women. However, marrying solely because of the reproach of such ignorant people has no justification. Before concluding my response to this question, I would like to draw attention to a phrase mentioned in your question, namely your statement: “I married her immediately after her divorce from him.” The apparent meaning of this statement is that you married her before she had completed her waiting period (ʿiddah) from her first husband. If this is indeed the case, then you must now renew the marriage contract, because marrying a woman who is still in her waiting period is invalid by explicit textual evidence and scholarly consensus. Allāh, Exalted be He, says: “And do not resolve on the bond of marriage until the prescribed period reaches its end.” The scholars (may Allāh have mercy on them) have unanimously agreed on the invalidity of marrying a woman who is still observing a waiting period due to another man. However, if what is meant by the phrase “immediately after her divorce” is that you married her after her waiting period had ended, then the marriage is valid and there is no issue with it. I therefore urge the questioner to pay close attention to this matter. If it is assumed that the first possibility is the reality—that you married her immediately after the divorce, before the completion of the waiting period—then the marriage contract must be renewed, as stated.