The Option When Kafa'a Ceases After the Nikah

Question

The minor daughter of an eminent, learned scholar was married to a minor boy of good condition and family, of whom it was hoped that he would study knowledge, become righteous and keep away from sinfulness and debauchery. But from the age of discretion until now — he has reached twenty-four or twenty-five years of age — he has remained in sinfulness and debauchery: he deliberately abandons the prayer, smokes the hookah, and is absorbed in watching wrestling matches, shows and the like.

Answer

At the time of the nikah the boy was a minor, and the defects mentioned did not exist then; rather, they arose later. So because of these defects the husband did become a fasiq (sinner) and a debauchee, by which parity (kafa'a)

Source: Fatawa Mahmudiyya

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