The Nikah and Mahr of a Woman Incapable of Intercourse

Question

Zayd married a woman. When he brought this woman to his home, he found no sign of womanhood in her: that is, there are no breasts at all, and menstruation had not occurred up to the age of thirty. The private part is formed in this way: •O•, so that intercourse is not possible, and there is a bone at that place which cannot be operated on. Now this woman’s parents are having her treated and are trying to make the private part fit for intercourse, but ten months have passed and there has been no improvement.

Answer

In the case asked about, if after treatment the woman becomes fit for intercourse with a man, then intercourse with her will be permissible for the man, whether or not there is hope of offspring. Just as procreation and the continuation of lineage is a purpose of nikah, so too are avoiding the haram and living chastely; and in that case too the full mahr will be wajib.

Source: Fatawa Mahmudiyya

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