A mas'ala from bihishti zewar that had been misunderstood by a ghair muqallid reader.

Question ID: 
702
yus*** asks:

Question

Assalaamou'alaikoum. Some ghair muqallid are spreading this. " Deobandi Ashraf Ali Thanvi promotes Zina - Adultery in his book Bahistey Zewar page 168: If a man makes physical relations with a woman mistaking her to be his wife. (I wonder how can this happen). It can't be called Zina and there's no sin upon it. If she gets pregnant, then she should be given Mahr. Child's lineage should be legally given to the Zaani man, and the child can no longer be called as Bastard. However she should get separated once they come to know they mistakenly had physical intimacy. (Are they blind? Can't they know whom they are talking to and with whom they get into physical intimacy. Scanned page is in the 1st Comment)." What is this mas'ala really about Mufti Sahab?

Answer

Wa alaikumus salaam. The mas'ala is okay and it applies to the condition they were living long ago. In those days they were not practicing the dog life known as "fréquenté" which lead to do everything and perhaps more than what they would do after nikaah. Similarly in those days they were not aware of their partners and they were not acquainted to each other before nikaah to such an extent that sometimes they did not even know the outlook and the appearance of each other. Therefore the meeting in the room after marriage was the first time they ever met. So in such situation everything happened in ignorance without knowing that they were in error.