Praise be to Allaah.
It is permissible for a
woman to marry a man who is known to be unable to have intercourse, because
intercourse is her right but she may waive it. If she does that then she
cannot demand this right after marriage.
Ibn Qudaamah (may Allaah
have mercy on him) said in al-Mughni (7/142), after mentioning faults
which give the wife the right to annul the marriage, including the husband’s
inability to have intercourse: One of the conditions of allowing the option
(of annulment) because of these faults is that he did not know of it at the
time of the marriage contract, and he did not agree to it afterwards. If he
knew of it at the time of the marriage contract or he found out about it
afterwards and agreed to it, then he does not have the option (of annulling
it). And we do not know of any difference of scholarly opinion (concerning
this). End quote from al-Mughni (7/142).
In al-Mudawwanah
(2/144) it says: I say: What do you think if she knowingly marries a man
whose penis has been cut off or a eunuch? He said: She does not have the
option (of annulment), and Maalik said likewise. He said: Maalik said: If
she marries a eunuch and did not know of that, then she has the right to
annulment when she comes to know. End quote.
See: al-Mawsoo’ah
al-Fiqhiyyah (29/69).
Although we have said that
it is permissible to marry him, it is better for you not to marry such a
man, because intercourse and what it leads to, namely having children, are
natural things that men and women need. You may be willing to give up this
right now, but you do not know what will happen in a year or two, and
marriages are supposed to be permanent.
Hence Imam Ahmad said to
the guardian of a woman: I would not like you to give her in marriage to an
impotent man. If she agrees now, she will dislike him when she enters upon
him, because intimacy is something to which they are naturally inclined and
they like what we like.
Ibn Qudaamah said,
commenting on that: That is because the harm caused by that will be ongoing,
but acceptance of that cannot be trusted to be ongoing. It may turn to
resentment and enmity.
Al-Mughni
(10/67).
It is obvious that this man
is a stranger (non-mahram) to you, so it is not permissible for you to form
any kind of relationship with him, until the marriage contract is done.
We ask Allaah to help and
guide you, and to make goodness easy for you wherever it may be.
And Allaah knows best.