Fatwa: # 19312
Category: Divorce
Country: India
Date: 13th June 2011

Title

if a husband eronously touches his daughter, unintentionally instead of his wife , sleeping on bed where his wife is sleeping for intercourse with his wife can make his wife haram on him according to Islami shariah.

Question

if a husband eronously (by human error) touches his daughter, unintentionally instead of his wife , sleeping on bed where his wife is sleeping for intercourse with his wife can make his wife haram on him according to Islami shariah. 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

 

As-salāmu `alaykum wa-rahmatullāhi wa-barakātuh.

The importance of taking precaution by arranging for separate sleeping arrangements for the older children is very important and cannot be emphasized enough. Being lax in this issue can lead to drastic consequences.

According to the Hanafi School of thought (Madhab), if the husband did touch his daughter (aged nine or older) with desire, accidentally and unintentionally, while thinking her to be his wife, then his wife will become forbidden to him forever. The ascendants and descendants of both the husband and wife will also become forbidden to each other as well. [i] [ii] [iii]

And Allah knows best.

Ml. Sohail ibn Arif
Student Darul Iftaa
USA

Checked and Approved by:
Mufti Ebrahim Desai
www.daruliftaa.net

ولا فرق ) فيما ذكر ( بين اللمس والنظر بشهوة بين عمد ونسيان ) وخطأ ، وإكراه فلو أيقظ زوجته ) [i]
أو أيقظته هي لجماعها فمست يده بنتها المشتهاة أو يدها ابنه حرمت الأم أبدا فتح
رد المحتار كتاب النكاح: ٤ /١١٢ دار الكتب العلمية

[ii]

وظاهره اعتبار السن الآتي في حد المشتهاة أعني تسع سنين...فتحصل من هذا : أنه لا بد في كل منهما
من سن المراهقة وأقله للأنثى تسع
المرجع السابق ٤/ ١١١-١١٢

[iii]

( و ) حرم أيضا بالصهرية ( أصل مزنيته ) أراد بالزنا في الوطء الحرام ( و ) أصل ( ممسوسته بشهوة ) ولو لشعر على الرأس بحائل لا يمنع الحرارة ( وأصل ماسته وناظرة إلى ذكره والمنظور إلى
فرجها ) المدور ( الداخل ) ولو نظره من زجاج أو ماء هي فيه ( وفروعهن ) مطلقا
المرجع السابق ٤/ ١٠٧-١٠٨

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