Question:
A married woman has not had children for a long time. After a check-up, it was found that the defect is in her husband, and (due to the husband’s defect) having children is impossible for them. Can she demand a divorce from him?
Answer:
When it becomes clear that infertility is only from the man’s side, the woman has the right to demand a divorce from him. So if he divorces her, it is good, and if he does not divorce her, the judge will annul the marriage of this woman, because the woman also has the right to have children. There are many women who marry solely for the purpose of having children. Therefore, when the person she married is infertile and unable to have children, the woman has the right to demand a divorce and have the marriage annulled. According to scholars, this is the preferred and accepted view.
