Is the wife entitled to demand divorce if the husband is excused from cohabitation due to her impediment?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 3 · Bab 1

Open in Qurani

Primary text

The wife is not entitled to demand divorce because divorce entitlement arises only when the husband refrains from the due cohabitation without a valid excuse. Since no obligation was due from him in that state, divorce is not warranted.

Supporting text

The wife must postpone her demand for cohabitation or divorce until the excuse is lifted, provided the excuse is not one that definitively cuts short the duration (like menstruation) or if the excuse occurred after the period had already elapsed.