Ruling on intercourse with one's wife mistakenly identified as a non-mahram woman or a slave girl.
General Chapter
Al-Mughni
Book of Reconciliation (Return During 'Iddah)
Primary text
If a man has intercourse with his wife while mistakenly believing her to be a non-mahram woman or his slave girl, the marriage remains valid. This is because he encountered an existing valid marriage contract. If the intercourse resulted in serious harm (ifda') or if the wife was ill and the intercourse caused her harm, she is rendered irrevocably separated (Hallat). This separation is due to a right belonging to her. The basis for this ruling when harm occurs is related to the wife's right.
Supporting text
If the wife initiates the introduction of his organ while the husband is asleep or unconscious, divorce does not occur because he did not taste her pleasure ('usailatiha'). However, there is an alternative view suggesting divorce occurs based on the generality of the verse (Quranic reference not specified, implied by 'al-Ayah').