What is the prescribed method for testing a husband alleged to be impotent, according to certain jurists?

Chapter on the Term for the Impotent and the Castrated who is not amputated

Al-Mughni

Book of Marriage

Book 35 · Issue 5 · Bab 4

Open in Qurani

Primary text

Abu Bakr favored marrying the alleged impotent man to a woman of good standing, funding her dowry from the public treasury, and observing the interaction. If she testifies that he did consummate the marriage, the first wife is deemed a liar, and the second wife has the choice to stay or seek annulment, receiving her dowry from the treasury. If she denies consummation, separation is enacted between them, and the second wife's dowry is paid from his personal wealth. This is based on a report involving Samura and Mu'awiyah.

Supporting text

Al-Awza'i suggested having two women witness the husband's intercourse with his wife, leaving a cloth between them, and then examining the wife's private parts for the presence of seminal fluid. Malik held a similar view but required only one witness. However, the correct view is that the husband's word, coupled with an oath, should be accepted, similar to cases of *Ila'* (vow of abstinence).