Does sexual intercourse with a corpse (Maytah) establish the prohibition of marriage (Nashr al-Hurmah)?

Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 2

Open in Qurani

Primary text

There are two opinions regarding sexual intercourse with a corpse. The first opinion holds that it establishes the perpetual prohibition of marriage because it is an act that necessitates permanent prohibition, similar to suckling (Rada'ah), which is not restricted to the living state. The second opinion, held by Abu Hanifa and Al-Shafi'i, maintains that it does not establish this prohibition. This is because intercourse with a corpse is not a cause for establishing partial affinity (sabab lil-ba'diyah), and the prohibition is tied to the realization of the benefit of intercourse, which death nullifies. However, suckling establishes the prohibition because it results in the growth of flesh and strengthening of bone, a result achievable even from the milk of a dead nursing female.