Touching One’s Brother, Mistaking Him for the Husband, Did Not Cause Prohibition

Question

The husband of a certain Rafiqa and her brother were both sleeping at night on one woven cot. Rafiqa touched her brother with her hand, taking him to be her husband. Has Rafiqa, through this mistake, gone out of the nikah with her husband?

Answer

This mistake has had no effect on the nikah; the nikah remains intact.

Source: Fatawa Mahmudiyya

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