Recordings › Shaykh Kashif Khan | Policing thought, Pornography & Pandora's box | MindTrap with Mufti #15 · 19 Apr 2020 › Segment 13 of 35
Can a past relationship or an accidental touch make my spouse haram for me?
maaliki malikite malikiyyah hanafite hanafiyyah hanafi school fatwah fatawa fatwaa fataawa legal opinion muftis hukm ahkam hukum hukam ahkaam haraam jahannam jahanam jahannum ulema ulamaa scholars nikkah nikaah nikah nama nikahnamaHurmat al-musahara: fatwas that dissolved marriages over a past affair and an accidental touch
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This segment1:07:01 to 1:13:31 · 6 min 30 sGeneral teaching
What this part covers
machinesummary, machine-writtenMufti Abu Layth says Hanafi fatwas of hurmat al-musahara that dissolve marriages over a premarital relationship with an in-law or an accidental touch destroy families, and that the Maliki school does not hold the ruling.
In more detail
Mufti Abu Layth tells the Juha story of a man who said a wall soiled by an animal must be knocked down and rebuilt, until told it was the wall between his house and the asker's, when washing it seven times became enough. He then recounts a fatwa he saw as a student: a man who as a teenager had twice had sex with an older woman later married her daughter, had five children, and years afterwards read in a booklet that this made his wife forbidden; the fatwa told him to separate immediately. Mufti says he told his colleague this was crazy and destroyed a home, pointing to the Maliki school, whose ulama say this ruling does not exist. He describes a worse case written up as a fatwa: a man who at night went to the bed where he thought his wife slept, found it was his teenage daughter, touched her arm and withdrew, then read that a touch with desire towards a family member voids the marriage, and was told under the Hanafi ruling that his nikah was void. He calls this crazy.
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and all all the everything but further a bomb they have different sort was yeah they don't like it to be they don't fear mongering the to them you know if you don't fear monger them and this is the this you know like this is the famous story of jaha away the character we where somebody comes in all seem that mallanna thought that share some common but which animal has kind of like urinated on this wall and what should I do and he says well knock it
down and build it up again because this is you know proper impure and then he says ok says but that's the wall between your house and mine he says actually he says Jennifer just wash it seven times he'll be ok so so I mean ok but what you see I had this fatwa that I saw when I was in my if that cause there was it wasn't the estate I wasn't to me was to one of my class fellows so it was about
a woman who'd let me recall the details correctly but it was on her mental Messara so what had happened is that the guy the couple they had like five children and the the husband had realized that what had he done he as a you see years years before his maker as a kind of teenager and Lake Tina here he'd ended up having sex with this was
one a case which had actual sex in it he'd ended up having sex with this lady who was later on in the future to be his mother enroll Messala so this guy was so he happens to have have sex with this lady who's older than him obviously at the time but Annie it happens only like I think he said it
only happened like two times or something like that but then years later they kind of obviously do their own thing something like ten twelve years later he ends up getting married to her daughter now what happens is he's live normal there's been a normal life he's like cello he's like he's like the thing is that he so many years later comes across this pamphlet kind of
booklet and he mentions that oh if you'd ever had sex with someone their children will always be Haram now for you so but this is remember post occurrence like you don't know this he's got married he's had five children by this stage so ends up getting confused and then he writes in for a fatwa and they tell him that well what you have to do you have to immediately separate and you have to your wife is haram for you and you know you have to kind of like part ways and
tell your wife that you are Haram for her she is haram for you and you're thinking whoa and I said to my you know my colleague whatever that was Cole kind of Mufti fell almost the looking into the case I said that look are you what the hell I said that this is crazy like you're destroying her home look yeah very sister love between the mother hey you know that okay TK yeah my slaw here but look at the chef at you must have look at the Maliki mother look at that these Oh llama have said no this ruling does not exist and I've seen worse cases than that I've seen cases we
there was a masala we a person touched he you know in Pakistan he this man Doro they mentioned you know Boulevard yeah at night he was cuz they see in the courtyards they used to sleep on the kind of child by the [ __ ] and his wife was on a separate chat body so he's like he's like yeah here boo neva I have to they have to go there's a call of duty here so he's going to to his wife's charred body and this was once
again written in a fatwa format now he goes there and it happens to be his daughter but he doesn't do anything he doesn't do anything like what happens is that char pie which is normally his wife sleepily his daughter who was a teenager was sleeping Lee but she had herself covered so he goes to their me and he says he writes him this is dicta that he had kind of just just touched her arm or something and I removed her and it's seen oh and then he covered and gone back now he then came across this ruling that if you ever touch a family member
your own child and you've ever had some with some intent of desire your nikka becomes Haram with your own wife now he was confused and thought well I didn't ever intend that but I'm not sure because I went across thinking this is my wife and and he writes in this fatwa now they told him that your nikah is Bartle because that if you have you know any kind of intense sexual intent which was accompanied by a touch even if there was
no sexual act that you know the Hanafy fatwa that the mother becomes Haram and who happens to be his wife and therefore then the car is broken and it's crazy man like I don't know if you've come across some crazy stuff like this always been a hot topic of discussion because especially in India Pakistan and they have been a lot of controversy and in India as well especially in India if you look up into the Google you will find a lot of news and this caused a lot of controversy and the Hindus were attacking Islam as well because of this
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Cite this segment
Stable id, transcript version and tier are part of the citation. Every change to a transcript is logged.Mufti Abu Layth Archive, segment 2020-04-19b-S13, auto-transcribed, may contain errors. https://muftiabulayth.org/r/housirokbvu/s/13/ (accessed 1 November 2026)
- APA 7
Mufti Abu Layth. (2020, April 19). Can a past relationship or an accidental touch make my spouse haram for me? [Video, segment 2020-04-19b-S13, auto-transcribed, may contain errors]. Mufti Abu Layth Archive. Retrieved November 1, 2026, from https://muftiabulayth.org/r/housirokbvu/s/13/
- Chicago author-date
Mufti Abu Layth. 2020. "Can a past relationship or an accidental touch make my spouse haram for me?" Video, segment 2020-04-19b-S13, auto-transcribed, may contain errors. Mufti Abu Layth Archive. Recorded April 19, 2020. Accessed November 1, 2026. https://muftiabulayth.org/r/housirokbvu/s/13/
- BibTeX
@misc{abulayth-2020-04-19b-S13, author = {Mufti Abu Layth}, title = {{Can a past relationship or an accidental touch make my spouse haram for me?}}, year = {2020}, month = {4}, date = {2020-04-19}, howpublished = {\url{https://muftiabulayth.org/r/housirokbvu/s/13/}}, url = {https://muftiabulayth.org/r/housirokbvu/s/13/}, organization = {Mufti Abu Layth Archive}, urldate = {2026-11-01}, note = {Segment 2020-04-19b-S13, auto-transcribed, may contain errors} }
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