What procedure must be followed when a wife alleges her husband's impotence and claims to still be a virgin?
Chapter on the Term for the Impotent and the Castrated who is not amputated
Al-Mughni
Book of Marriage
Primary text
If the wife alleges her husband's impotence and claims to be a virgin after he claims to have consummated the marriage, women witnesses must examine her. If they testify to her virginity, her word is accepted, and a year's delay is granted to him. This is the position held by al-Thawri, al-Shafi'i, Ishaq, and the Companions of Opinion, because the presence of virginity indicates the absence of consummation, as intercourse removes it.
Supporting text
There are two views on whether the wife must take an oath: one view states she must be sworn to remove the possibility of falsehood, similar to others whose testimony is accepted. The second view holds she is not sworn because the scenario of her claiming her hymen reappeared after intercourse is considered highly improbable and thus disregarded, much like the possibility of an honest witness lying. Furthermore, there are two narrations regarding whether the testimony of a single woman is accepted. If women witnesses testify that her virginity has disappeared, the husband's claim of consummation is accepted, nullifying her claim of impotence. If she claims her hymen was lost due to another cause, the husband's claim is accepted as the default is the absence of other causes.