The wife of an insane man had the nikah annulled: maintenance of the daughters and sale of his property

Question

Question: In 1959 Zayd married his sister to Bakr. Two girls were born to Zayd’s sister one after the other. Bakr lost his mental balance and is confined in the hospital for mental illnesses in Srinagar. After a few years a court in Srinagar declared the nikah of Bakr and his wife annulled. Both of Bakr’s daughters — of whom the elder, about eleven years old, is feeble-minded — are living with their maternal uncle; Zayd (the maternal uncle) himself bears all their expenses.

Answer

Concerning the nikah that has been annulled, nothing can be written before the full details are known. The maintenance and expenses of the minor girls are the father’s responsibility; if he is insane, the leading people of the family should arrange their maintenance appropriately from the father’s property.

Source: Fatawa Mahmudiyya

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