What is the ruling regarding the delivery and acceptance of a wife who has an illness unlikely to pass?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the illness is not expected to pass, her delivery to the husband upon his request is obligatory, and his acceptance upon presentation is obligatory because there is no condition from which recovery is hoped. If she were not delivered, the marriage would be rendered meaningless. If she is physically large and robust, and there is fear of injury to herself from his large size during intercourse, she may prevent him from coitus, but he may enjoy her in ways other than the vagina, and maintenance remains due from him. The option for annulment (*khiyar al-faskh*) is not established because she can be enjoyed by others; the refusal to consummate is due only to the impediment of his large size, unlike a woman with imperforate hymen (*ratqa*).