Can a wife seek annulment after her husband's admission of impotence, subsequent insanity, and the expiration of the waiting period?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the husband admits to impotence while sane, the waiting period is established, and then he becomes insane, and the period expires, and the wife demands annulment, the annulment is not granted. If she is a previously married woman (thayyib), her statement is accepted. If she is a virgin (bikr), and she claims he prevented marital access himself, or that he had intercourse but her hymen returned, she is made to swear an oath (istiḥlāf). If the husband cannot articulate a response, he is not made to swear, and what the wife states is not established, thus the marriage is not annulled against him.