Husband unable to be intimate with wife

Question:-

If a woman has a disorder where her vaginal passage does not dilate, resulting in her being unable to consummate the marriage, then, does her husband have a choice in keeping this marriage? Just as a man gets married and is found to be impotent,then his wife has a choice to remain in the marriage or not.

Is there any Fiqhi text to prove this?

Answer:-

If the wife has a blockage as a result of which the husband cannot consummate the marriage (through penetration), then the husband doesn’t have a choice in the matter.

وإن كان بالزوجة عيب كجنون أو جذام أو برص أو رتق أو قرن فلا خيار (اللباب في شرح الكتاب ص24 ج3)

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 26 Shabaan 1443 / 29 March 2022