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Khulwat e sahiha with doors closed but not locked.

Last updated: 28th September 2024
Question ID: #10912
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If a nikaah has happened but consummation didn't take place and that couple sit in a dining room which is usually accessible by everyone. The event goes out like this: 1) couple are in the room with the slightly opened door. People are in the house and that couple are not assured privacy. Brother of the husband enters the room without permission and the husband asks him to go out. Then either the husband closed the door without locking it or he left the door opened slightly. 2) brother after a few minutes again enters the room without permission. Husband then asks him to go out and closes the door without locking it. People were still outside. 3) after a few minutes mother of the husband knocks the door and the husband opens it and says the door is not locked. Mother then leaves the room while keeping the door open and says keep the door open we won't disturb you guys. But people were still outside and there was always a fear of someone entering. Please let me know if this is khalwat e sahiha or no. Note that generally people would enter this room without permission and there were always people in the house so risk of someone entering was always there. Also let me know it is khalwat e sahiha and divorce happens after khalwat e sahiha but before consummation. Will it be talaaq e bain or rajee? Note that this whole event would have been of 15 mins



بسم الله الرحمن الرحيم

الجواب حامدا ومصليا

In the situations above the couple are not assured privacy. As the door was open and anyone can enter and the mother and brother has entered without permission. These are all invalid Khalwa (seclusion).

In the situation if Talaq is given after Khalwa Sahiha or intercourse then full Mahr will be given.

إذا خلا بامرأته في البيت القصوى إن كانت الأبواب مفتوحة من أراد أن يدخل عليهما يدخل من غير استئذان
لا تصح الخلوة وكذا لو خلا بها في بيت من دار وللبيت باب مفتوح في الدار إذا أراد أن يدخل عليهما غيرهما من المحارم أو الأجانب يدخل لا تصح الخلوة
(فتاوى قاضيخان، ١/ ١٩٦)

ومن سمي مهرا عشرة فما زاد فعليه المسمي إن دخل أو خلا بها خلوةصحيحة أو مات عنها
(اللباب في شرح الكتاب ٣/٣٥،دارالبشائر الإسلامية)

And Allah knows best

25 Rabiul Awwal 1446/ 29 September 2024

Mufti
Answer last updated on:
29th September 2024
Answered by:
Ulamaa ID 04
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