What is the prescribed period (tajil) for testing a potentially impotent husband?

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

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 4

Open in Qurani

Primary text

The husband must be granted a probationary period to test his condition before annulment can be decreed. This duration is set at one year, established by the practice of Umar, Uthman, Ibn Mas'ud, and Mughirah ibn Shu'bah, may Allah be pleased with them. This duration allows a full year to pass through all four seasons, as the ailment might stem from climate or mood variation that could resolve in certain seasons. The start of this period is counted from the time the wife files her complaint (tarāfu'ihi).

Supporting text

A minority view, supported by al-Hārith ibn Rabi'ah, suggests a period of ten months. Furthermore, some scholars, including al-Hakam ibn 'Uyaynah and Dawud, hold that the husband should not be given any extension period, and the wife remains his spouse until the condition is confirmed.