Is a wife entitled to demand cohabitation (fi'ah) immediately after the expiration of the waiting period if no excuse exists?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 1 · Bab 1

Open in Qurani

Primary text

Upon the expiration of the prescribed period, the wife is entitled to demand cohabitation (*fi'ah*) unless the husband has a valid excuse. If the husband requests a delay but has no legitimate excuse, the delay is not granted because the right has accrued against him, similar to an immediate debt. The Divine Law established a period of four months, and an extension beyond this without a valid excuse is not permissible. However, the husband is allowed a delay sufficient to allow him to perform intercourse according to custom (e.g., time to eat, digest food, perform obligatory prayer, or break the fast if fasting), as immediate consummation in one sitting is not obligatory. A delay is also granted until he returns to his home if custom dictates that is where intercourse occurs.