Reply to an Objection Against the Prohibition by Affinity (Musahara)

Question

There is a masala: a man got up at night to wake his wife, but by mistake his hand fell on his daughter or on his mother-in-law, and, taking her for his wife, he touched her with carnal desire — then that man became haram for his wife forever, and it is necessary (lazim) that he now give this woman talaq; there is no allowance for the mistake in this. When his heartfelt intention was not for this act, why is such a severe punishment given? Moreover, it amounts to “one does, another pays”.

Answer

If someone fires a gun at a deer and by mistake it hits a person, he is not completely forgiven because of this mistake; rather, blood money (diya) is exacted, and that too is exacted from the relatives of the one who fired.

Source: Fatawa Mahmudiyya

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