Is the wife's claim of the husband's inability to perform intercourse heard if the husband has already consummated the marriage once?
Chapter on the Term for the Impotent and the Castrated who is not amputated
Al-Mughni
Book of Marriage
Primary text
The majority of early scholars, including 'Ata, Tawus, al-Hasan, Yahya al-Ansari, az-Zuhri, 'Amr ibn Dinar, Qatadah, Ibn Hashim, Malik, al-Awza'i, Ash-Shafi'i, Ishaq, Abu 'Ubayd, and the Ashab ar-Ra'y, hold that if the husband has successfully lain with his wife once, and she subsequently claims his incapacity, her claim is not heard, and no waiting period is set for him. This is because his ability to perform intercourse within that marriage has been confirmed, and his impotence has ceased, making it the same as if he were not impotent. Moreover, the rights of marriage, such as the finality of the dower and the completion of the waiting period, are established by a single act of intercourse, which has occurred. This differs from castration, which confirms absolute inability.
Supporting text
Abu Thawr held that if he is subsequently unable to perform intercourse, a waiting period should be set for her, as the inability to lie with her has been established, granting her the right, similar to if the inability developed after the initial consummation.