The ruling on the sin of a wife who refuses her husband due to a mental illness
Machine translationRead the Arabic original
Question:
This is a questioner who sent a question in the beginning, saying: A woman, O Shaykh, is married, and after the marriage she was afflicted with a mental and physical illness. She refused to meet her husband in the bed and neglected many of his marital rights without any neglect on her part, but the illness was stronger than her. We separated two months after the marriage. Is there a sin on me for that?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. There is no doubt that the husband has rights over his wife in a good manner, and among the most important of these is good treatment between them. This is because of the great benefits that result from it, such as building families and bearing offspring, and raising them. And the guardianship of the man over the woman.
And the woman’s fulfillment of the affairs of her home and her children, and her care for them, there is no doubt that this is the original state, and this is what marriage was legislated for. Also included in this is protecting each of the spouses from falling into what is forbidden and looking toward sins through their partner. But if an obstacle arises.
That prevents the realization of this purpose, or its completion and perfection in the required manner? Then this obstacle has two states.
Its first state is that its removal is expected, so it is treated by sound means until it is removed. And therefore the spouses understand each other and take the measures that lead to solving this problem.
If the matter requires appointing two judges, as Allah the Exalted and Majestic said:[An-Nisa 4:128] This is the first step. The second step is appointing two judges, Allah the Exalted said: [An-Nisa 4:35] If this plan does not succeed.
Then separation becomes a legal solution. Allah the Exalted said:[An-Nisa 4:130] If remaining in the marriage does not result in its benefits, fruits, and outcomes, then separation is an exit and a legal solution. Because of the resolution of this problem that results from it, and because of the fact that Allah, Glorified and Exalted is He, promised to enrich each of them from the wealth of the prison. This is the path of the innovator. May Allah keep you safe with this long approach.
This is a questioner who sent a question in the beginning, saying: A woman, O Shaykh, is married, and after the marriage she was afflicted with a mental and physical illness. She refused to meet her husband in the bed and neglected many of his marital rights without any neglect on her part, but the illness was stronger than her. We separated two months after the marriage. Is there a sin on me for that?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. There is no doubt that the husband has rights over his wife in a good manner, and among the most important of these is good treatment between them. This is because of the great benefits that result from it, such as building families and bearing offspring, and raising them. And the guardianship of the man over the woman.
And the woman’s fulfillment of the affairs of her home and her children, and her care for them, there is no doubt that this is the original state, and this is what marriage was legislated for. Also included in this is protecting each of the spouses from falling into what is forbidden and looking toward sins through their partner. But if an obstacle arises.
That prevents the realization of this purpose, or its completion and perfection in the required manner? Then this obstacle has two states.
Its first state is that its removal is expected, so it is treated by sound means until it is removed. And therefore the spouses understand each other and take the measures that lead to solving this problem.
If the matter requires appointing two judges, as Allah the Exalted and Majestic said:
And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make
وَإِنِ امْرَأَةٌ خَافَتْ مِن بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا فَلَا جُنَاحَ عَلَيْهِمَا أَن يُصْلِحَا بَيْنَهُمَاAnd if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them
وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَابْعَثُوا حَكَمًا مِّنْ أَهْلِهِ وَحَكَمًا مِّنْ أَهْلِهَا إِن يُرِيدَا إِصْلَاحًا يُوَفِّقِ اللَّهُ بَيْنَهُمَاThen separation becomes a legal solution. Allah the Exalted said:
But if they separate [by divorce], Allah will enrich each [of them] from His abundance. And ever is Allah Encompassing and Wise.
وَإِن يَتَفَرَّقَا يُغْنِ اللَّهُ كُلًّا مِّن سَعَتِهِ وَكَانَ اللَّهُ وَاسِعًا حَكِيمًا
Source
الطلاق لمرض نفسي وجسمي — alfawzan.live
The Arabic text is a machine transcription of the audio recording.