Does consummation of an unconscious or sleeping woman resolve the marriage legitimacy?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 5 · Bab 1

Open in Qurani

Primary text

If an unconscious or sleeping woman who does not perceive the intercourse is subjected to it, legitimacy should not be established by this act because the necessary condition of experiencing the act or pleasure is absent.

Supporting text

There is a possibility that legitimacy is established in all cases by adhering strictly to the general meaning of the primary text, as narrated by Ibn Al-Mundhir.