Does consummation by an insane husband resolve the legitimacy for the original owner?
General Chapter
Al-Mughni
Book of Reconciliation (Return During 'Iddah)
Primary text
If both spouses or one of them is insane, and intercourse occurs, it resolves the legitimacy. The evidence is the general meaning of the verse, and because it is permissible intercourse within a valid marriage, analogous to the act of a sane person.
Supporting text
Abu 'Abd Allah ibn Hamid states that it does not resolve the legitimacy because the insane person does not taste the sweetness of the marriage act (dhaawqa al-'usaylah). This argument is rejected because insanity is a covering of the intellect, not a condition for sexual desire or pleasure, as evidenced by animals. However, if the insane person is devoid of sensation, like one epileptic or unconscious, then the legitimacy is not established by his intercourse or the intercourse of an insane woman in that state because the pleasure is not experienced. Ibn Hamid may have only intended this latter case, meaning there is no difference in that specific scenario.