Does a marriage contracted due to fear of committing sin (*'anat*) become invalid if the husband later becomes wealthy (*aysara*)?

Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters

Al-Mughni

Book of Marriage

Book 35 · Issue 5 · Bab 2

Open in Qurani

Primary text

The marriage remains valid. This is the apparent position of the Madhhab and the position of Al-Shafi'i. The basis for allowing the marriage of a slave woman was that the husband lacked financial means (*fulud al-tool*), which is only one condition for permissibility, and its continued necessity is not required, similar to the fear of committing sin, which, if removed, does not invalidate the existing contract.

Supporting text

There is another view within the Madhhab, which is the position of Al-Muzani, stating that the marriage is invalidated because it was permitted out of necessity, and once the necessity ceases, continuing it is not permissible, analogous to eating carrion due to necessity; upon finding permissible food, one should not continue eating carrion. The counterargument is that the lack of means is only one prerequisite for permissibility, and its continuous requirement is not established, unlike the fear of sin, where continuance contradicts the initiation of the contract.