"And if she said at a time when she was satisfied with us being impotent, her right of option is lost forever"
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The Shaykh :"And if she said at a time when she was satisfied with us being impotent, her right of option is lost forever" This is a woman who, when she first married her husband, loved him, and he honored her so that she would not demand her right of sexual intercourse. She was asked about the husband, and she said, "By Allah, the husband is a good man, but he is impotent and cannot have intercourse." It was said to her, "Ask for the annulment." She said, "No, the man is good, pious, and beloved, and I am satisfied with him even if he is impotent." Then, later, the relationship between her and him deteriorated, and she demanded annulment, saying, "The man is impotent." Is she permitted to seek annulment?
The questioner : No ... .
The Shaykh : The author says she is not permitted, because she was satisfied with him being impotent, so her right and her right of annulment were dropped. If she dropped it, it is dropped. This is clear, because if a person has a right and drops it, it is dropped. Now, is she permitted to seek divorce?
The questioner : She is.
The Shaykh : Yes, she may request a divorce, and her husband may grant it through khul' (divorce at the wife's request for compensation). For example, he might say, "Give me my money and I will divorce you," because this matter deprives her of much of her purpose. Perhaps you remember the story of the woman whose husband divorced her three times. She then married a man named 'Abd al-Rahman ibn al-Zubayr, but he was unable to have intercourse with her. So she came to the Prophet (peace and blessings be upon him) and said, "My husband so-and-so divorced me, and my divorce is final. I then married 'Abd al-Rahman ibn al-Zubayr after him, but he is like the tassel of a garment." She took her garment and said, "Like the tassel of a garment." The Companions were amazed at her for saying this in the presence of the Messenger (peace and blessings be upon him). He then said to her:Sunan Ibn Majah 1932Sahih (Darussalam) Rafi'ah al-Qurazi, because he was her first husband. Sahih al-Bukhari 5317 The Prophet (peace and blessings be upon him) did not allow her to return to her first husband. Why? Because her husband had not had intercourse with her. For this reason, the scholars stipulated that for a woman divorced three times to be lawful for her first husband, the second husband must have intercourse with her by penetration, meaning by the erection of his penis, so that he may taste her sweetness and she may taste his.
Do we start with the second chapter? Yes, is it the second or the third? The third.
The questioner : No ... .
The Shaykh : The author says she is not permitted, because she was satisfied with him being impotent, so her right and her right of annulment were dropped. If she dropped it, it is dropped. This is clear, because if a person has a right and drops it, it is dropped. Now, is she permitted to seek divorce?
The questioner : She is.
The Shaykh : Yes, she may request a divorce, and her husband may grant it through khul' (divorce at the wife's request for compensation). For example, he might say, "Give me my money and I will divorce you," because this matter deprives her of much of her purpose. Perhaps you remember the story of the woman whose husband divorced her three times. She then married a man named 'Abd al-Rahman ibn al-Zubayr, but he was unable to have intercourse with her. So she came to the Prophet (peace and blessings be upon him) and said, "My husband so-and-so divorced me, and my divorce is final. I then married 'Abd al-Rahman ibn al-Zubayr after him, but he is like the tassel of a garment." She took her garment and said, "Like the tassel of a garment." The Companions were amazed at her for saying this in the presence of the Messenger (peace and blessings be upon him). He then said to her:
Do you want to go back to Rifa'ah?
أتريدين أن ترجعي إلى رِفاعة؟No (you cannot remarry your first husband) till you taste the second husband and he tastes you (i.e. till he consummates his marriage with you).
لا حتى تذوقي عُسيْلته ويذوق عُسيْلتكDo we start with the second chapter? Yes, is it the second or the third? The third.