5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

not be sahîh. He has to say, “I have accepted her nikâh,” or “her
tazwîj,”, but according to Hanafî, Hanbalî and other criteria in
the Shafi’î (rahmatullâhi ’aleyh), the nikâh will be sahîh.
Imâms (rahmatullâhi ta’âlâ ’alaihim ajma’în) of three
Madhhabs said that it would be jâiz (permissible) to marry a
disbelieving woman with a holy book by accepting her from her
walî, but in Hanbalî Madhhab it is not jâiz.
When a man marries a woman on condition that he will not
marry another woman besides her, or that he will not take her
somewhere else in the future, according to the three Madhhabs
his nikâh will be sahîh and it is not necessary for him to keep
his promise, yet in this case he will have to pay her the mahr almithl.
Imâm-i Ahmad ibn-i-Hanbal ‘rahmatullâhi ta’âlâ aleyh’
said that “The man will have to keep his promise; if the man
does not keep his promise, the woman can dissolve the
marriage.”
When a father wants to get married, it is not obligatory for
his son to marry him, (that is, to help him marry a woman), in
Hanafî and Mâlikî Madhhabs. [It is advisable to help one’s
father get married.] In Shâfi’î and Hanbalî Madhhabs, the son
has to marry his father, (that is, to help him get married).
In the Hanafî Madhhab, a woman can dissolve the marriage
if the man is incapable of the sexual act. In the other three
Madhhabs, she can dissolve the marriage if the man has any
kind of deficiency. If these deficiencies occur after the nikâh,
she can still dissolve the marriage. If there is a deficiency in the
woman, according to Hanbalî and one fatwâ in Shâfi’î, the man
can dissolve the marriage; according to Mâlikî and another
fatwâ in Shâfi’î, he cannot dissolve the marriage.” Translation
from the book Mîzân al-kubrâ ends here. Khusûmat means to
file a complaint against someone. A woman who does not have
any defect can apply to the court to dissolve the marriage if she
finds out that her husband is innîn, even if a long time passes
after their marriage. If the man denies it, the judge sends the
woman to an obstetrician’s to be examined. If the doctor says
that the woman is virginal, one year later that examination is
performed again. If she is found out to be virginal again the
judge separates them. In this state of separation the exact mahr
and iddat are obligatory. Though the woman will lose her right
of khusûmat after one sexual intercourse, it is sinful not to have
any more sexual intercourse. Innîn is a man who is incapable of
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