What is the ruling when a husband is given the statutory period to consummate the marriage but is then castrated before the term expires?

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

If the statutory period is set for the husband, and he fails to achieve consummation until he is castrated, the wife has the immediate right to annulment. The waiting period of one year is designed to ascertain his inability, which has now been definitively established through castration, eliminating the need for further waiting.

Supporting text

It is implied by this ruling that other defects arising after the marriage contract grants the wife the right to annulment, as the right to annulment in this specific case is established by the subsequent castration, which encompasses the intent of impotence (inability to perform the act). This differs from other defects.