What is the ruling on a wife who alleges her husband's impotence?
Chapter on the Term for the Impotent and the Castrated who is not amputated
Al-Mughni
Book of Marriage
Primary text
If a wife alleges her husband's inability to perform intercourse, he is questioned. If he denies the claim and the wife is a virgin, her word is accepted. If she is not a virgin (thayyib), the husband's word is accepted along with his oath, based on the principle that this matter is known only to him and the underlying presumption is soundness.
Supporting text
If the husband admits to the impotence, or if it is proven by evidence of his admission, or if he denies it but refuses to take the oath when requested (nakul), his impotence is established, and the standard one-year period is set for him. A dissenting opinion from the Qadi suggests two views regarding whether an oath should be administered, basing this on whether the initial claim is treated like a divorce claim.