Is the division of time obligatory for a husband afflicted by illness, castration, impotence, or ambiguity (Khuntha)?
General Chapter
Al-Mughni
Book of the Wedding Feast
Primary text
The division of time is obligatory for the sick man, the castrated man, the impotent man, the ambiguous person (Khuntha), and the eunuch. This is the position of al-Thawri, al-Shafi'i, and the People of Opinion, because the purpose of the division is companionship (uns), which is achieved by those who cannot perform intercourse. When the Prophet was sick, he moved between his wives, asking where he would be the next day. If movement is difficult, he may ask their permission to stay with one wife, as the Prophet did when he asked permission to stay with 'Aishah due to his inability to move between them.
Supporting text
If the husband is insane but poses no threat, his guardian performs the division. If he is a threat, there is no division, as companionship and benefit are not achieved. If the guardian does not divide justly, the sane husband must compensate the wronged wife upon recovery, as this is a debt established against him.