Is the lineage established by the 'frash' (bed-right) when conception is impossible due to the husband's castration or seminal loss?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 5 · Bab 1

Open in Qurani

Primary text

The child is not attributed to the man in the two cases of impossible procreation (e.g., lacking semen or unable to deliver it to the womb through intercourse, such as in the case of a eunuch or one with a severed penis) according to the majority opinion of scholars. The attribution to the bed-right is invalid because attribution requires possibility. For example, a child born one month after marriage is not attributed, and here possibility is absent due to the lack of semen or the inability to reach the womb.

Supporting text

The view that a woman can introduce a man's semen and conceive is erroneous. This is because the child is created from the semen of both man and woman, and thus inherits traits from both. If semen introduction without intercourse were to result in paternity, then two unrelated individuals (a man and a woman) could establish lineage simply by claiming that she introduced his semen, a position no scholar has endorsed.