Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

A defect in the husband that was not disclosed; what is the ruling on the marriage?

Machine translationRead the Arabic original
Question:
A somewhat lengthy letter was sent by one of the female listeners. The sender (S. M. J.) is from Makkah. I will read her letter as it was received: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and blessings and peace be upon the noblest of the messengers, our master Muhammad (peace and blessings be upon him), and upon his family and all his Companions, and the Successors, and those who follow them in excellence until the Day of Judgment.
Your Eminence, Shaykh Abdul Aziz ibn Abdullah ibn Baz (may Allah preserve him), peace be upon you and Allah’s mercy and blessings. And after that:
I ask Your Eminence to direct a word to this wretched, sad woman to console her and lift her spirits; for she will die of despair, regret, and pain over what happened to her.
She married a man she chose because he matched her in cultural and social level; she is a university graduate and he is a university graduate. Her mahram brought him with her to work as a teacher in the Kingdom. Her marriage lasted one year and nine months. She lived with him for a year at his family’s home, where he was shy and did not expose himself to her. When he wanted to have relations with her, she did not notice anything from him, and she did not know the reason. It later became clear that he was castrated, and therefore he was hiding the truth of his condition from her. She notes that he had been married to another woman before her, and she had separated from him. However, in the second marriage, he succeeded in catching his prey through deception, fraud, and trickery. He took precautions so that the second wife would live with him without noticing what was wrong with him. But unfortunately for him, his condition was exposed at the hotel when they were preparing to travel to the Kingdom. She thought about returning to her family and informing them, and separating from him, but she abandoned that idea because she believed it might require her to return what he had spent on her in wedding costs. She continued her journey to the Kingdom and stayed with him for the last nine months. Then, at the end of the school vacation, she filed a lawsuit with the judge, who separated them and ordered her to return ten thousand riyals to the husband.
She asks and says: Is it possible that we encourage fraud and deception with people like these, and also give them a reward for their fraud and deception? The Messenger of Allah (peace and blessings be upon him) said:
Whoever cheats us is not one of us.من غشنا فليس منا
Sunan Ibn Majah 2225Da'if (Darussalam)
And if he had not deceived and defrauded her, she would have lived with him even if he did not father children. But because he deceived and defrauded her, she left him without regret for him. But what crushed her was having to pay the ten thousand riyals.
She feels injustice in that case, and such a ruling will encourage him to marry a third, fourth, and fifth woman... and so on, without being frank with them about the truth of his condition, as long as he is guaranteed the return of the mahr to him. The strange thing about that fraud is that it may lead a woman into labyrinths, as happened with the second wife who believed that her inability to conceive was her fault. Her mother deceived her and took her to doctors, and one of the doctors claimed that the woman had to undergo a surgical operation. The doctor actually performed it for her while remaining silent and not telling the truth. Her mother also knew but did not want to establish anything against her son.
So what is Your Eminence’s opinion on that case? What do you say to this wronged woman? And what do you say to young men like these who do not be frank with their wives? May Allah guide you, and peace be upon you and Allah’s mercy and blessings.

Answer:
There is no doubt that deception and fraud are among the forbidden things known from Islam through authentic evidence and by necessity. The Messenger (peace and blessings be upon him) said:
Whoever cheats us is not one of us.من غشنا فليس منا
Sunan Ibn Majah 2225Da'if (Darussalam)
, and Allah the Exalted says:
O you who have believed, do not betray Allah and the Messenger or betray your trusts while you know [the consequence].يَا أَيُّهَا الَّذِينَ آمَنُوا لا تَخُونُوا اللَّهَ وَالرَّسُولَ وَتَخُونُوا أَمَانَاتِكُمْ وَأَنْتُمْ تَعْلَمُونَ
[Al-Anfal: 27]. So it is obligatory for the suitor to clarify the truth, and not to conceal from the prospective bride a defect like this incident. Rather, he should explain the truth to her so that she is fully informed, if he has a defect in his testicles, or another defect such as being unable to have relations with women due to another illness or cause, or being an epileptic, or similar known defects.
So it is obligatory for him to clarify the truth to the woman. If he does not clarify it, she has the choice, and he has no right to the mahr. If he has entered into marriage with her and been alone with her, she is entitled to the full mahr, and he is the wrongdoer, so he has no right to it.
But this is a claim from you that we cannot judge. We hope that the judge who ruled between you two was guided to the truth. We do not know what he relied on in compelling you to pay the amount you mentioned. What I can assure you of is that you should be patient and not be concerned with this matter. Thank Allah who delivered you from him. The judge may have exercised independent legal reasoning in that, and may have seen in you what necessitated that.
So in conclusion, I advise you to console yourself about this matter, be patient, and seek reward from Allah. Ask Allah to forgive the judge for what happened if he erred in his ruling. What is with Allah is better and more lasting. And Allah the Exalted will compensate you, if Allah wills, with something better than this. He the Exalted is the Wise, the All-Knowing. The wronged one awaits victory, and what passes from a believer without a lawful cause, Allah replaces it for him and compensates him with something better, as a favor and kindness from Him :
And whoever fears Allah - He will make for him a way outوَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا
[Al-Talaq: 2],
And whoever fears Allah - He will make for him of his matter ease.وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مِنْ أَمْرِهِ يُسْرًا
[Al-Talaq: 4]. So be patient, seek reward, and ask Allah for compensation from Him and that He grant you a righteous husband who is better than him. Money is an easy matter. Allah is the Helper.

The presenter: And Allah is the Helper, may Allah reward you with good.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas