Is Iila' valid regarding a wife who has a permanent physical impediment preventing intercourse (Ratzqa' or Qarana')?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 3 · Bab 1

Open in Qurani

Primary text

Iila' is not valid concerning a woman who is Ratzqa' (imperforate) or Qarana' (fused vulva) because intercourse is perpetually impossible, and thus the oath concerning its abandonment is not established, similar to an oath not to ascend to the sky. If the ruling is that it is valid and the waiting period is set, then the husband must perform the required return (fi'ah) in the manner of one with an excuse, as intercourse in her case is impossible, preventing a demand for it, similar to a eunuch.

Supporting text

It is argued that the Iila' should be valid, and the period set, because the impediment originates from her side, making her similar to a sick woman.