Must a husband divide time equally among wives who are physically incapable of intercourse or during temporary states making intercourse impermissible?

General Chapter

Al-Mughni

Book of the Wedding Feast

Book 37 · Issue 5 · Bab 1

Open in Qurani

Primary text

Division of time is required for the sick wife, the wife with a closed vagina (Ratqaa), the menstruating woman, the woman experiencing post-natal bleeding (Nifas), the woman in the state of Ihram (for Hajj or Umrah), and the young girl capable of intercourse; they are all equal in the division. This is the view of Malik, al-Shafi'i, and the People of Opinion. The same applies to a woman from whom the husband has made Zihar (pronouncement of an analogy to the husband's mother), because the intent is lodging, dwelling, and companionship, which is secured with them. A mentally deranged woman has no division if the husband fears harm from her, as neither security nor companionship is attained.

Supporting text

If the insane wife poses no threat, she is treated like a sound wife regarding division.