Chapter: And if a woman finds her husband to be a eunuch, or if he has what remains of a penis that he cannot use for intercourse, she has the right to annul the marriage
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The Shaykh : This is among the defects, and the chapter that preceded this was the chapter on conditions and defects in marriage. "Defects" is the plural of "defect." Is a defect limited or counted? According to the jurists, it is counted; defects are enumerated. However, the correct view is that a defect is limited, meaning anything that prevents enjoyment or its perfection is a defect, because one of the greatest objectives of marriage is enjoyment. Allah the Exalted said: [An-Nisa 4:24] Among the things that prevent enjoyment is what he mentioned in his statement: "And if a woman finds her husband to be a eunuch", meaning his penis has been cut off. If a man marries a woman and she finds this husband to be a eunuch, having no penis, either by nature or due to a subsequent cause, she has the option. If this eunuch husband says, "I will provide you with maintenance better than that of kings in food and drink, and I will bring you a servant, a car, and a palace, everything you desire," and she says, "No, I do not want that. Fear Allah. It is enough for me, for example, the other form of enjoyment through kissing and embracing, and the like. Leave us alone from this." Does she have the option?
The questioner : Yes.
The Shaykh : Everything is complete in her right, but the most complete right is what is fully realized, so she has the option. She has the right to choose. Now, if he says, "Let us wait a year," is it delayed?
The questioner : No, that is of no use.
The Shaykh : If its growth is expected, it is delayed; otherwise, it is not. And it is known that if a member is cut off, any member of a human being, it does not return. So, she has the right to annul the marriage immediately.
"Or if he has what remains that he cannot use for intercourse" means he is not a complete eunuch, but a weak part of the penis remains that he cannot use for intercourse. She has the option. She has the right to annul the marriage immediately. Is that clear? Now, if she does not find him to be a eunuch, but finds his penis to be very short, unable to allow intercourse, does she have the option?
The questioner : Yes.
The Shaykh : Yes, she has the option, because this is exactly like a eunuch. But the husband might say, "This is from Allah; it is not in my hands." Does she have the option or not? Pay attention, everyone.
The questioner : If she can enjoy him...
The Shaykh : I told you he cannot. I mean, his penis is very short, he cannot have intercourse?
The questioner : She has the option.
The Shaykh : She has the option? Yes. If he says, "This is from Allah," we say, "Yes, this is from Allah, but this is among the calamities that Allah has afflicted you with, so you must be patient, or Allah will make it easy for you to find a woman who does not want this, but only wants enjoyment and to be with a man who embraces her, and the like." Likewise, yes. So there is no annulment, even if his impotence is established. This first section is, in reality, the inability to have intercourse, which may be due to the organ of intercourse, which is the penis, either by its removal or cutting such that what remains does not allow intercourse, or by its smallness such that intercourse is not possible.
So for whatever you enjoy [of marriage] from them, give them their due compensation
فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّThe questioner : Yes.
The Shaykh : Everything is complete in her right, but the most complete right is what is fully realized, so she has the option. She has the right to choose. Now, if he says, "Let us wait a year," is it delayed?
The questioner : No, that is of no use.
The Shaykh : If its growth is expected, it is delayed; otherwise, it is not. And it is known that if a member is cut off, any member of a human being, it does not return. So, she has the right to annul the marriage immediately.
"Or if he has what remains that he cannot use for intercourse" means he is not a complete eunuch, but a weak part of the penis remains that he cannot use for intercourse. She has the option. She has the right to annul the marriage immediately. Is that clear? Now, if she does not find him to be a eunuch, but finds his penis to be very short, unable to allow intercourse, does she have the option?
The questioner : Yes.
The Shaykh : Yes, she has the option, because this is exactly like a eunuch. But the husband might say, "This is from Allah; it is not in my hands." Does she have the option or not? Pay attention, everyone.
The questioner : If she can enjoy him...
The Shaykh : I told you he cannot. I mean, his penis is very short, he cannot have intercourse?
The questioner : She has the option.
The Shaykh : She has the option? Yes. If he says, "This is from Allah," we say, "Yes, this is from Allah, but this is among the calamities that Allah has afflicted you with, so you must be patient, or Allah will make it easy for you to find a woman who does not want this, but only wants enjoyment and to be with a man who embraces her, and the like." Likewise, yes. So there is no annulment, even if his impotence is established. This first section is, in reality, the inability to have intercourse, which may be due to the organ of intercourse, which is the penis, either by its removal or cutting such that what remains does not allow intercourse, or by its smallness such that intercourse is not possible.