And if his impotence is established by his admission or by evidence of his admission, he is given a one-year respite from the time of his litigation. If he has intercourse during that time, otherwise she has the right to annul the marriage. And if she admits that he had intercourse with her, then he is not impotent.
Machine translationRead the Arabic original
The Shaykh : The second section is a disease in the organ while the organ remains intact, which is called 'unah (impotence). 'Unah is the inability to have intercourse. Pay attention to this, which is why he said: if his 'unah is established by his admission or by evidence of his admission, he is given a respite. That is, if you find him to be 'inun (impotent)—if the wife finds her husband to be 'inun, and the 'inun is the one who cannot have intercourse—by what do we know that he cannot? We know—O Sa'd, and you, and the going away, and...?—we know that he cannot by his own admission that he is unable to have intercourse. In that case, we act upon his admission, because there is no excuse for one who admits. Or by evidence of his admission. Now, the wife sues him, saying he is 'inun, and he says he is not 'inun. She says, "I have evidence that he admitted to it," and she brings two men to testify that so-and-so admitted to them that he is unable to have intercourse. Here, his 'unah is established by what? By evidence of his admission. The first case is if it is established by his admission, meaning he admitted before the judge that he is unable to have intercourse. What do we do? The answer is that if we know his inability will not return, meaning his ability to have intercourse will not return, there is no need to grant a respite. We tell her she has the option to annul from now. If we know that his ability to have intercourse cannot return, there is no need for a respite. We tell her she has the option from now. How do we know? We know by examining him, by doctors examining him and saying that the cause of the erection of his penis, meaning its rising, is completely lost and cannot return, neither by medicine nor by surgery, meaning an operation. In that case, we say what? He is not given a respite; she has the option from now. But if it is said that he may recover, he is given a one-year respite. That is why he said: "He is given a one-year respite from the time of his litigation." Who gives him the respite?
The questioner : The judge.
The Shaykh : The judge says, for example, if the 'unah is established, he tells you: a lunar year or a seasonal year?
The questioner : A lunar year.
The Shaykh : A lunar year or a seasonal year?
The questioner : ... .
The Shaykh : I have a boy. If I say, for example, "Do you like bread or rice?" he says "rice." Then if I say "Do you like rice or bread?" he says "bread." Yes. So the ruling is for what?
The questioner : For the first.
The Shaykh : No, for the last. The ruling is for the last. So, I spoke to the brother, I said to him this. I say in this case, is it a lunar year or a seasonal year?
The questioner : A lunar year.
The Shaykh : A lunar year. The evidence for this is the saying of Allah, Blessed and Exalted is He:[Al-Baqarah 2:189] So he is given a one-year lunar respite. If someone asks, is there a difference between a lunar year and a seasonal year? We say yes, the seasonal year is longer because the seasonal year is related to the zodiac signs, and the zodiac signs are twelve, and their days are longer than the days of twelve months. Is that clear? So the important thing is that we give him a one-year lunar respite. The evidence that it is a lunar year is what I mentioned to you. It is said to him: "Now it is the eighteenth day of the month of Safar, year 1416. You have one year until the eighteenth day of the month of Safar, year 1417. If you are able to have intercourse during this period, you are not 'inun. And if you remain unable, you are 'inun." That is why he said: "He is given a one-year respite from the time of his litigation. If he has intercourse during that time" That is what is required, and the description of 'unah is removed from him. Otherwise, meaning if he does not have intercourse, she has the right to annul the marriage. Otherwise, she has the right to annul the marriage. Is that clear, everyone? If someone asks, why is he given a respite until one year? We say this is what was reported from the Companions that he is given a one-year respite. And because his weakness in intercourse may be due to the season, meaning the season of the year. For example, some people's desire weakens in the days of summer and becomes active in the days of winter. Some people are the opposite. Some people's desire weakens in autumn and becomes strong in spring. Some people are the opposite. If the four seasons pass and he is still unable, we know that this is due to a cause other than time and season. So she has the right to annul the marriage. Okay. If we know by medical description that he will not be able to have intercourse, do we give him a respite or not?
The questioner : We do not give him a respite.
The Shaykh : We do not give him a respite because there is no benefit in the respite, since the purpose of the respite is to test his ability, and here there is no situation.
He says: "If he has intercourse during that time, otherwise she has the right to annul the marriage. And if she admits that he had intercourse with her, then he is not 'inun" Meaning, if the woman admits that he had intercourse with her, and then he became unable afterwards. That is, she said that on the wedding night he had normal intercourse with her, and then afterwards, that was it, he died, meaning he became unable to have intercourse. And he has been with me for a year. Now the woman says he has not had intercourse with me, so he is 'inun, and I am requesting the annulment of the marriage. Can we answer her?
The questioner : No.
The Shaykh : No. Why? Because she admitted that he had intercourse with her. And if he had intercourse with her once, he is not 'inun. This is based on the fact that 'unah does not occur in a person, meaning it is not possible for a person to be 'inun after being strong in intercourse. Do you understand? Our brother, is he on the pillar? Can't you sleep? ... A little, but the correct view is that 'unah may occur, because a person is exposed to losing all or some of his powers. Is it not possible for a hearing person to be afflicted with deafness?
The questioner : Yes.
The Shaykh : What do you say?
The questioner : Yes.
The Shaykh : Yes, a hearing person may be afflicted with deafness, and then blindness may befall him. A strong-bodied person may be afflicted with weakness. Similarly, a person strong in desire may be afflicted with weakness. So the correct view is that 'unah may occur. In that case, if his 'unah is established after he was strong in intercourse, we give him a one-year respite from the time of his litigation, unless we know that his strength in intercourse will not return. In that case, she has the right to annul the marriage. For example, if he is involved in an accident that destroys the organs that nourish the penis so that it can rise, in this case, we can rule for her with the annulment of the marriage from now.
The questioner : The judge.
The Shaykh : The judge says, for example, if the 'unah is established, he tells you: a lunar year or a seasonal year?
The questioner : A lunar year.
The Shaykh : A lunar year or a seasonal year?
The questioner : ... .
The Shaykh : I have a boy. If I say, for example, "Do you like bread or rice?" he says "rice." Then if I say "Do you like rice or bread?" he says "bread." Yes. So the ruling is for what?
The questioner : For the first.
The Shaykh : No, for the last. The ruling is for the last. So, I spoke to the brother, I said to him this. I say in this case, is it a lunar year or a seasonal year?
The questioner : A lunar year.
The Shaykh : A lunar year. The evidence for this is the saying of Allah, Blessed and Exalted is He:
They ask you, [O Muhammad], about the new moons. Say, "They are measurements of time for the people
يسألونك عن الأهلة قل هي مواقيت للناسThe questioner : We do not give him a respite.
The Shaykh : We do not give him a respite because there is no benefit in the respite, since the purpose of the respite is to test his ability, and here there is no situation.
He says: "If he has intercourse during that time, otherwise she has the right to annul the marriage. And if she admits that he had intercourse with her, then he is not 'inun" Meaning, if the woman admits that he had intercourse with her, and then he became unable afterwards. That is, she said that on the wedding night he had normal intercourse with her, and then afterwards, that was it, he died, meaning he became unable to have intercourse. And he has been with me for a year. Now the woman says he has not had intercourse with me, so he is 'inun, and I am requesting the annulment of the marriage. Can we answer her?
The questioner : No.
The Shaykh : No. Why? Because she admitted that he had intercourse with her. And if he had intercourse with her once, he is not 'inun. This is based on the fact that 'unah does not occur in a person, meaning it is not possible for a person to be 'inun after being strong in intercourse. Do you understand? Our brother, is he on the pillar? Can't you sleep? ... A little, but the correct view is that 'unah may occur, because a person is exposed to losing all or some of his powers. Is it not possible for a hearing person to be afflicted with deafness?
The questioner : Yes.
The Shaykh : What do you say?
The questioner : Yes.
The Shaykh : Yes, a hearing person may be afflicted with deafness, and then blindness may befall him. A strong-bodied person may be afflicted with weakness. Similarly, a person strong in desire may be afflicted with weakness. So the correct view is that 'unah may occur. In that case, if his 'unah is established after he was strong in intercourse, we give him a one-year respite from the time of his litigation, unless we know that his strength in intercourse will not return. In that case, she has the right to annul the marriage. For example, if he is involved in an accident that destroys the organs that nourish the penis so that it can rise, in this case, we can rule for her with the annulment of the marriage from now.