Discussion on Legal Doubts in Marriage

Second, the absence of doubt.

Meaning, if a person

has intercourse with someone other than his wife

by mistake. He enters upon a woman, thinking she is his wife while she is asleep,

and has intercourse with her,

while she does not resist, for example, or also thinks he is her husband.

Then it becomes clear that she is not his wife. The prescribed punishment is not carried out on him, even if he confesses to it,

because it occurred

under a mistaken belief that she was his wife,

that she was his wife. So here,

the prescribed punishment is not carried out on him

because of the presence of doubt.