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53,67920/06/2006

Can a person with AIDS masturbate?

Question: 83140

Is it permissible for an HIV positive person to masturbate?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Firstly: 

A person who is a carrier
of the virus or who has AIDS may get married to a woman who is healthy or
who also has the disease, if she accepts that after coming to know of his
condition and to what extent he is affected, and they may agree not to have
children, or not to have intercourse. The husband may be masturbated by his
wife, and there is no sin on him for that. 

But it is not permissible
for him to get married without informing the woman of his sickness, because
concealing it is deceit and is haraam. If he conceals it then the wife finds
out, she has the right to annul the marriage. 

Secondly: 

Masturbation is haraam, as
has been explained in question no.
329

But if the person who has
AIDS cannot get married, and he is afraid that he may fall into zina
(fornication), it is permissible for him to masturbate, so as to choose the
lesser of two evils. 

Shaykh al-Islam Ibn
Taymiyah (may Allaah have mercy on him) said: With regard to ejaculating by
choice, if he masturbates with his hand, this is haraam according to most of
the scholars, and it is one of the two reports narrated from Ahmad, in fact
it is the more correct of the two. According to another report it is
makrooh, but if he is compelled to do that, such as one who fears that he
may fall into zina if he does not masturbate, or he fears that he may become
ill, then in this case there are two well known scholarly views and in this
case a number of the earlier and later scholars granted a concession,
whereas others forbade it. And Allaah knows best. End quote from
al-Fataawa al-Kubra (1/302). 

It says in Sharh
al-Muntaha (3/366): Whoever masturbates with no need, man or woman, his
action is forbidden and he should be disciplined for that because it is a
sin. But if he does it for fear of committing zina or homosexuality, then
there is no punishment, and if he does it for fear of physical harm the same
applies, and more so. But it is not permissible for a man to masturbate with
his hand unless he is unable to get married, because if he is able to get
married there is no need for that. End quote.

And Allaah knows best.

Source

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