Is a husband's claim of impotence (annulment from intercourse, 'unnah') accepted after the prescribed waiting period ('iddah') has passed?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
If the prescribed period has passed, and the husband claims inability to perform intercourse, his claim of 'unnah' is not heard if he had already consummated the marriage once. In this case, he is subject to the ruling regarding restitution of conjugal rights (fay'ah) or divorce, like any other case. If he had not consummated the marriage and his condition was unknown, the Qadi accepts his claim because determining impotence is based on matters only others can ascertain. This aligns with the explicit text of Al-Shafi'i. The wife may request the judge to set a period for testing impotence after the husband makes a declaration of intent to resume marital duties ('fay'ah') suitable for those with excuses.
Supporting text
There is another view stating his claim is not accepted because he is suspected of making a claim that negates a right demanded of him, and the default assumption is his soundness. If the wife claims consummation occurred and the husband denies it, she cannot demand setting a period for testing impotence, as her claim admits his prior lack of impotence, and his denial of consummation is accepted.