Does intercourse by a man whose penis is cut short but retains the size of the glans permit the woman's remarriage to her first husband?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 7 · Bab 1

Open in Qurani

Primary text

If the penis is amputated but retains the capacity to insert the glans, and this is done, she is permitted to return to her first husband.

Supporting text

If the remaining portion is less than the glans, it does not suffice. However, if the man is a eunuch (khasiyy), spayed (maslul), or injured such that he still performs penetration as a functioning male, she becomes lawful through his intercourse, even if ejaculation is absent, as ejaculation is not considered a factor in making her lawful (ihlal). While there is a narration from Ahmad suggesting a eunuch does not permit her because he cannot ejaculate and thus does not 'taste the honey,' the operational ruling follows the narration that permits it.