The Ruling on Concealing a Defect in Marriage
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His Eminence the Shaykh: We have a colleague at work who has not yet married. Every so often, we remind him of the virtue of marriage and encourage him to do so, and he says: “If Allah wills.” One day, I pressed him on this,And you said: I do not think there is any reason why you are not eager to get married.So he said: There is a reason.Then he said: I am infertile and do not have children. When I want to propose to someone, should I tell them about this, or not?
It is obligatory for one who has a defect to disclose it to the one he is proposing to, especially this great defect, which is infertility; because the woman has the right to a child.For this reason, the scholars said: It is forbidden to practice coitus interruptus with a free woman except with her permission.
Therefore, he must inform them that he is infertile so that they may enter into the marriage with full knowledge. Then, if it turns out that he did not inform them and this defect becomes apparent to them afterwards, they have the right to demand the annulment of the contract, and the contract is annulled.
It is obligatory for one who has a defect to disclose it to the one he is proposing to, especially this great defect, which is infertility; because the woman has the right to a child.For this reason, the scholars said: It is forbidden to practice coitus interruptus with a free woman except with her permission.
Therefore, he must inform them that he is infertile so that they may enter into the marriage with full knowledge. Then, if it turns out that he did not inform them and this defect becomes apparent to them afterwards, they have the right to demand the annulment of the contract, and the contract is annulled.