A Woman’s Waiver of Her Right
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Fatwa No. ( 18762 )
Q: I have a wife who has twelve children, both sons and daughters. For the past year, I have been away from her bed to prevent her from herself, and she says: “I no longer need intercourse.” She swears by Allah, then by her children, that she is waiving her right in this matter, and she stated this explicitly in front of Sa'id, her eldest son, and her eldest daughter, saying that my conscience is clear of her right to intercourse. My question is: Does her waiver clear my conscience of her? Out of fear of falling into sin, I am sending you this message, hoping you will inform me soon.
A: If the matter is as the questioner described, then this waiver is valid, and there is no sin on her husband for that, because what she waived is a right belonging to her, and she has the authority to waive it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have a wife who has twelve children, both sons and daughters. For the past year, I have been away from her bed to prevent her from herself, and she says: “I no longer need intercourse.” She swears by Allah, then by her children, that she is waiving her right in this matter, and she stated this explicitly in front of Sa'id, her eldest son, and her eldest daughter, saying that my conscience is clear of her right to intercourse. My question is: Does her waiver clear my conscience of her? Out of fear of falling into sin, I am sending you this message, hoping you will inform me soon.
A: If the matter is as the questioner described, then this waiver is valid, and there is no sin on her husband for that, because what she waived is a right belonging to her, and she has the authority to waive it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.