Does sterility (*impenetrability*) in a spouse establish the option for dissolution in marriage?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 5 · Bab 3

Open in Qurani

Primary text

Al-Hasan said that if one spouse is found to be sterile, the other has the option. Imam Ahmad preferred that the matter be clarified, saying the wife might desire children. However, this applies to the beginning of the marriage; sterility does not establish dissolution after the marriage is contracted. If it did, it would also establish dissolution for a woman past the age of childbearing, and sterility cannot be certainly confirmed in either spouse, as some men cannot father children when young but can when old.