Al-Shanqiti (may Allah have mercy on him) mentioned that al-Qurtubi reported the scholarly consensus (may Allah have mercy on them) that infertility is not considered a defect?
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The questioner : Shaykh!
The Shaykh : Yes?
The questioner : May Allah reward you. Al-Shanqiti (may Allah have mercy on him) mentioned that al-Qurtubi (may Allah have mercy on him) reported the scholarly consensus that infertility is not considered a defect!?
The Shaykh : Yes, Ibn al-Qayyim mentioned in *Al-Sawa'iq al-Mursalah* in more than twenty places where he reports consensus, even though there is clear disagreement in them. There is clear disagreement. And I mentioned to you before: some people said, "The scholars agreed on rejecting the testimony of a slave," and another said, "The scholars agreed on accepting the testimony of a slave." These are two contradictory consensuses.
Yes, and Ibn Hajar reported that the scholars agreed on the non-obligation of gargling and sniffing water in the full ritual bath, thus. Yes, even though the school of Imam Ahmad holds that sniffing water and gargling are obligatory in the full ritual bath. So reporting consensus is not an easy matter. I do not rule out that al-Qurtubi (may Allah have mercy on him) is of the same type as Ibn Mundhir, meaning he is lenient in reporting consensus. Likewise, Ibn 'Abd al-Barr is lenient in reporting consensus. The reason for that is that they do not see disagreement around them, so they assume the issue is one of consensus.
And Shaykh al-Islam (may Allah have mercy on him) mentioned that the woman has the option in the case of infertility. He argued by the fact that the scholars said: it is not permissible to practice coitus interruptus with a free woman except with her permission. They explained this by saying that she has a right to a child. His statement is clear.
The questioner : The Shaykh ...
The Shaykh : in
The questioner : ... coitus interruptus
The Shaykh : Yes?
The questioner : May Allah reward you. Al-Shanqiti (may Allah have mercy on him) mentioned that al-Qurtubi (may Allah have mercy on him) reported the scholarly consensus that infertility is not considered a defect!?
The Shaykh : Yes, Ibn al-Qayyim mentioned in *Al-Sawa'iq al-Mursalah* in more than twenty places where he reports consensus, even though there is clear disagreement in them. There is clear disagreement. And I mentioned to you before: some people said, "The scholars agreed on rejecting the testimony of a slave," and another said, "The scholars agreed on accepting the testimony of a slave." These are two contradictory consensuses.
Yes, and Ibn Hajar reported that the scholars agreed on the non-obligation of gargling and sniffing water in the full ritual bath, thus. Yes, even though the school of Imam Ahmad holds that sniffing water and gargling are obligatory in the full ritual bath. So reporting consensus is not an easy matter. I do not rule out that al-Qurtubi (may Allah have mercy on him) is of the same type as Ibn Mundhir, meaning he is lenient in reporting consensus. Likewise, Ibn 'Abd al-Barr is lenient in reporting consensus. The reason for that is that they do not see disagreement around them, so they assume the issue is one of consensus.
And Shaykh al-Islam (may Allah have mercy on him) mentioned that the woman has the option in the case of infertility. He argued by the fact that the scholars said: it is not permissible to practice coitus interruptus with a free woman except with her permission. They explained this by saying that she has a right to a child. His statement is clear.
The questioner : The Shaykh ...
The Shaykh : in
The questioner : ... coitus interruptus