Nikah when there is no menstruation and the breasts are undeveloped

Question

Zayd’s nikah was contracted with Hinda. Valid seclusion (khalwa sahiha) is also established, but after four years the doctors decided that Hinda is not fit for a man: she neither menstruates nor are her breasts developed. What needs to be ascertained is this: did Zayd’s nikah with Hinda take place or not? If the nikah took place, has the mahr become binding (lazim) or not?

Answer

If, despite the breasts not having developed and there being no menstruation, she has the place of intercourse (mahall al-jima‘), then Zayd may go to her and have intercourse with her, and the nikah is also valid. Endorsement of the answer — Nizamuddin (Darul Uloom Deoband) The answer is correct. Since seclusion (khalwa)

Source: Fatawa Mahmudiyya

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