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Marrying an Infertile Woman

Answered as per Shafi'i Fiqh by Shafiifiqh.com

Question:

As-Salaamu ‘Alaykum, I have a brother who wants to marry a woman and she is not able to bare children. My parents are extremely upset and do not want my brother to be without children. They really love each other and the only issue is her inability to have offspring. What is the best thing for them to do in this situation?

Country: Canada

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

There are hadith on the topic of one’s marrying a fertile or infertile woman. For instance,

Both Imams Abu Dawud v. 2, p. 875 and Nasa’i v. 3, p. 377 narrated, via Ma’qil, that the Prophet Muhammad (SallAllahu alayhie wa sallam) said, “Marry the affectionate and fertile woman, then I shall be proud of you [your abundant numbers on the Day of Judgment].” Likewise, via Anas, Imams Ibn Hibban v. 9, p. 338 and Ahmad v. 25, p. 198 related a similar text.

Thus, the quality of fertility in a bride is recommended [mustahabb]. This ruling is stated by Imam Ghazzali in Wasit v. 5, p. 27 and Shaykh al-Islam in Sharh al-Rawd v. 3, p. 108. In Rawdah v. 5, p. 348, Imam Nawawi mentioned marrying the fertile woman as being merely better [awla].

A marriage contract, fulfilling all the relevant integrals and conditions, agreed upon with a woman’s guardian is valid even if that woman has fertility issues.

Allah knows best.

Shafiifiqh.com Fatwa Dept.

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