When does the wife's right to demand annulment for impotence begin if she did not claim it immediately?
Chapter on the Term for the Impotent and the Castrated who is not amputated
Al-Mughni
Book of Marriage
Primary text
If the wife demands annulment after a delay, she is granted it, and a period of one year is set from the day of litigation, concerning which there is no known disagreement. This is because her silence after the contract is not evidence of consent, as it was a period where she possessed neither the right to annulment nor the right to refuse sexual relations. Therefore, her silence does not nullify her right, similar to her silence during the set waiting period before its expiration. Even if she remains silent after the waiting period expires, her right is not voided because the right to annulment is only established after raising the matter to the judge and confirming the husband's inability; thus, silence before that point is immaterial.