Praise be to Allaah.
Epilepsy is one of the
faults that affect marriage and prevent some of its aims being fulfilled.
If one of the spouses has this problem and conceals it, and the other both
does not know of it until after the marriage has been consummated, then he
or she has the choice of either continuing with the marriage or annulling
it .
It says in Mataalib Ooli
al-Nuha, 5/147:
Among the faults that
confirm the option (of annulling) is insanity, even if he has seizures
sometimes, because one cannot feel at ease with someone who has this
condition; this also applies in the case of epilepsy. End quote.
al-Nawawi (may Allah have
mercy on him) said in al-Minhaaj, in Baab al-Khiyaar fi’l-Nikaah:
if one of the spouses finds that the other has a kind of mental illness…
al-Haytami said in
al-Tuhfah (7/345): the phrase mental illness includes epilepsy. End
quote.
Shaykh Ibn ‘Uthaymeen (may
Allah have mercy on him) said: If he has lost his mind, even for a short
time, i.e., if it is proven that he has been insane even for a short period,
that is regarded as a fault, whether it is in the woman or the man, and that
includes epilepsy. End quote.
Al-Sharh al-Mumti‘,
12/215
The husband should return
the mahr to the one who deceived him – if he consummated the marriage with
her.
Al-Hajaawi said in
al-Zaad, p. 167:
If it is before
consummation, there is no mahr, but after that she is entitled to what was
agreed upon, and the one who was the cause of this deceit is responsible for
paying it, if applicable. End quote.
This applies if it is not
possible to treat it, but if it is possible to treat it and it has been
treated, then there is no option (of annulment).
See: al-Sharh al-Mumti‘,
12/218-219
If the fault becomes
apparent after consummation of the marriage and the other partner accepts it
or shows signs of accepting it, then he or she does not have the option of
annulment either.
It says in Zaad
al-Mustaqni‘, p. 166
Whoever accepts a fault or
gives indications of accepting it when he finds out about it, he does not
have the option (of annulment). End quote.
To sum up:
If you did not know about
the fault until after consummation of the marriage with her, and this fault
cannot be treated, then you have the choice: either you can accept it and
put up with your wife’s sickness, or you can annul your marriage to her, and
the woman is entitled to the mahr because of the intimacy that she allowed.
But the one who should be responsible for paying the mahr is the one who
deceived you and concealed from you this sickness that she has.
See al-Sharh al-Mumti‘,
12/229-230
What we advise you to do is
not to be hasty regarding this matter; put up with it and bear it with
patience, and try to find treatment for her by all possible means. Putting
up with this problem will bring an abundant reward if you seek reward with
Allah, especially if she is of good character and religiously committed.
Perhaps if you do that for the sake of Allah, Allah will relieve her of this
harm and hardship, and you will be rewarded for your patience.
And Allah knows best.
See also the answer to
question no. 128221.