Does a divorce occur with the husband's statement: "You will be unlawful to me if anyone touched you before me," and the wife's response: "I agree," with the unlawfulness of the daughter contingent on the same condition, especially after the wife repented from a previous molestation she experienced?
There is no sin upon you for what occurred in your childhood without your consent, due to the : "The pen has been lifted from three... and from the child until he reaches puberty." If your husband, by his oath, intended sexual intercourse and similar acts that involve your participation, then he has not broken his oath because what happened was not by your will. However, if he merely intended lustful touching, then he has broken his oath and is bound by what he intended with it, according to his intention. Do not disclose to your husband the details of the assault that occurred; rather, suffice with what has been mentioned, so that you do not reveal Allah's concealment over you.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 96931
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy