Seclusion (khalwa) with a ratqa’ woman and seclusion of an impotent husband (‘innin)

Question

(1) Hinda is 20/22 years old. After the wedding it became known that she is not fit for seclusion (khalwa): her private part is closed, and without an operation she is not capable of intercourse. In such a case, is half the mahr wajib on the husband, or the full mahr? (2) On whom will her maintenance (nafaqa) be wajib? (3) And if it is the husband himself who is not capable of intercourse, then on whom will the maintenance be?

Answer

(1) If the opening of the private part is so narrow that intercourse cannot be performed in it — whether because of bone or because of a glandular growth — then seclusion with such a woman does not make the full mahr binding; rather, half the mahr becomes binding. (2) As long as she lives in the husband’s house, her maintenance (nafaqa) will be the husband’s obligation. (3)

Source: Fatawa Mahmudiyya

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