Prohibition by Affinity through Touching One’s Daughter with Desire, and Its Conditions

Question

Zayd, through ignorance and by mistake (shubha), touched his daughter with desire. Has his wife become haram for Zayd forever, as is the madhhab of Imam A‘zam ﵀? The muftis permit that he may keep his wife. If Zayd does not separate his wife from himself, will he be sinful in what is between him and Allah or not? And is the child born in this situation illegitimate or not? And if this mas’ala is unknown to them, is there any latitude to keep the wife or not?

Answer

If Zayd touched his daughter who is capable of arousing desire (having reached puberty or close to puberty) without clothing, or over thin clothing that does not prevent the warmth of the body from being felt, in such a way that desire arose from touching her, or desire already present increased, then the mother of this girl has become haram for Zayd.

Source: Fatawa Mahmudiyya

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