When is the time period for *Ila'* not counted against the husband if intercourse is impossible due to the wife?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
If the wife is incapable of being lawfully approached (e.g., being extremely young or continuously insane), the stipulated period for *Ila'* is not counted against the husband if the impediment is from her side. However, if the insane woman regains sanity or the minor reaches maturity before the period expires, she must complete the remaining period, after which she can make a demand. If this occurs after the period has expired, she has the right to make the demand immediately, as the right was established, only delayed by the lack of possibility for demand.
Supporting text
The Hanafi school holds that the period is counted for a minor regardless of whether intercourse was possible or not. If intercourse was impossible, the husband must retract his oath by word; otherwise, the dissolution occurs upon the expiry of the period. The Shafi'i school holds that the period is not counted for a minor until she reaches maturity.