Question 1490: If a man repents after apostasy, is his previous marriage contract with his wife still valid?
Answer
✅Answer: Please pay attention to the following narrations:
1 عَنِ ابْنِ مَحْبُوبٍ عَنْ هِشَامِ بْنِ سَالِمٍ عَنْ عَمَّارٍ السَّابَاطِیِّ قَالَ سَمِعْتُ أَبَا عَبْداللَّه یَقُولُ کُلُّ مُسْلِمٍ بَیْنَ مُسْلِمَیْنِ ارْتَدَّ عَنِ الْإِسْلَامِ وَ جَحَدَ رَسُولَ اللَّهِ نُبُوَّتَهُ وَ کَذَّبَهُ فَإِنَّ دَمَهُ مُبَاحٌ لِمَنْ سَمِعَ ذَلِکَ مِنْهُ وَ امْرَأَتَهُ بَائِنَةٌ مِنْهُ یَوْمَ ارْتَدَّ وَ یُقْسَمُ مَالُهُ عَلَی وَرَثَتِهِ وَ تَعْتَدُّ امْرَأَتُهُ عِدَّةَ الْمُتَوَفَّی عَنْهَا زَوْجُهَا وَ عَلَی الْإِمَامِ أَنْ یَقْتُلَهُ إِنْ أَتَوْهُ بِهِ وَ لَا یَسْتَتِیبَهُ.
📚 Al-Kafi, vol. 6, p. 174
Ammar Sabati said: 'I heard Imam Sadegh, peace be upon him, say: 'Any Muslim whose parents are two Muslims and he apostatizes from Islam and denies the prophethood of the Messenger of Allah, peace and blessings be upon him, and belies him, his blood is permissible for whoever hears it from him, and on the very day he apostatizes, his wife is irrevocably divorced from him, and his wealth is divided among his heirs, and his wife observes the waiting period of a woman whose husband has died, and it is on the Imam that if he is brought to him, he should kill him and not ask him to repent!''
2 عَنِ الْعَلَاءِ عَنْ مُحَمَّدِ بْنِ مُسْلِمٍ قَالَ: سَأَلْتُ أَبَا جَعْفَرٍ عَنِ الْمُرْتَدِّ فَقَالَ مَنْ رَغِبَ عَنِ الْإِسْلَامِ وَ کَفَرَ بِمَا أُنْزِلَ عَلَی مُحَمَّدٍ بَعْدَ إِسْلَامِهِ فَلَا تَوْبَةَ لَهُ وَ قَدْ وَجَبَ قَتْلُهُ وَ بَانَتْ مِنْهُ امْرَأَتُهُ وَ یُقْسَمُ مَا تَرَکَ عَلَی وُلْدِهِ.
📚 Al-Kafi, vol. 6, p. 174
Muhammad ibn Muslim said: 'I asked Imam Sadegh, peace be upon him, about an apostate.' The Imam said: 'The one who turns away from Islam and disbelieves in what was revealed to Muhammad, peace and blessings be upon him, after being a Muslim, then there is no repentance for him, and his killing is obligatory, and his wife is irrevocably divorced from him, and his wealth is divided among his children!'
3 عَنِ ابْنِ مَحْبُوبٍ عَنْ هِشَامِ بْنِ سَالِمٍ عَنْ عَمَّارٍ السَّابَاطِیِّ قَالَ سَمِعْتُ أَبَا عَبْداللَّهِ یَقُولُ کُلُّ مُسْلِمٍ بَیْنَ مُسْلِمَیْنِ ارْتَدَّ عَنِ الْإِسْلَامِ وَ جَحَدَ مُحَمَّداً نُبُوَّتَهُ وَ کَذَّبَهُ فَإِنَّ دَمَهُ مُبَاحٌ لِکُلِّ مَنْ سَمِعَ ذَلِکَ مِنْهُ وَ امْرَأَتَهُ بَائِنَةٌ مِنْهُ یَوْمَ ارْتَدَّ فَلَا تَقْرَبْهُ وَ یُقْسَمُ مَالُهُ عَلَی وَرَثَتِهِ وَ تَعْتَدُّ امْرَأَتُهُ [بَعْدُ] عِدَّةَ الْمُتَوَفَّی عَنْهَا زَوْجُهَا وَ عَلَی الْإِمَامِ أَنْ یَقْتُلَهُ وَ لَا یَسْتَتِیبَهُ.
📚 Al-Kafi, vol. 7, p. 257
Ammar said: 'I heard Imam Sadegh, peace be upon him, say: 'Any Muslim whose parents are two Muslims and he turns away from Islam and denies the prophethood of Muhammad, peace and blessings be upon him, and belies him, then his blood is permissible for anyone who hears it from him, and on the very day he apostatizes, his wife is irrevocably divorced from him, so that woman should not approach her husband, and his wealth is divided among his heirs, and his wife observes the waiting period of death, and it is on the Imam to kill him and not to make him repent!''
✅Based on the above and other narrations, a Muslim whose parents were Muslim and who turns away from Islam is called an innate apostate (murtadd fitri). This apostasy occurs in various forms, such as:
انکار اللَّهِ عَزَّوَجَلَّ
Denying and belittling the Holy Quran
Denying the prophethood of the Prophet, peace and blessings be upon him
Belittling the Messenger of Allah, peace and blessings be upon him
Becoming a Christian, a Jew, a Zoroastrian, becoming an atheist or irreligious, cursing and insulting and belittling the Ahl al-Bayt, peace be upon them, denying prayer, fasting, Hajj, etc.
✅According to the above and other narrations, if a man apostatizes, his wife is irrevocably divorced from him from the very day he apostatizes. That woman should not approach her husband, and from that moment, she observes the waiting period of death, which is four months and ten days, and he becomes forbidden to her.
✅Therefore, a faithful and Muslim wife whose husband has apostatized can by no means stay with such a husband, and if that man truly repents from his apostasy, their previous marriage contract is not valid and is not re-established. To continue the relationship, a new contract must be established between them, and they must marry each other again with a new dowry. Otherwise, their relationship is illicit and forbidden, even if the man has truly repented from his apostasy.
✅Therefore, those who have slipped for a while and have apostatized but have later repented should establish a new marriage contract to have a relationship with their wives.
اللَّهُمَّ صَلِّ عَلَی مُحَمَّدٍ وَ آلِ مُحَمَّدٍ وَ عَجِّلْ لِوَلِیِّکَ الْفَرَجَ وَ الْعَافِیَةَ وَ النَّصْر