What is the prescribed limit for a husband who refuses sexual intercourse?
General Chapter
Al-Mughni
Book of the Wedding Feast
Primary text
If the obligation of intercourse is established and the husband persists in refusing, and the wife demands it, the time limit for separation is set at four months. This duration is established because Allah the Exalted set four months as the limit for the oath-swearing abstainer (Muli), and the same duration applies here since the oath itself does not establish the obligation. Ahmad is cited as establishing this ruling, stating that if the husband does not have intercourse within four months, separation occurs, treating him like a Muli.
Supporting text
Abu Bakr ibn Ja'far questioned the narration regarding the four-month period from Ibn Mansur, suggesting it needs further consideration. The apparent stance of our companions (of the school) is that separation is not decreed merely for this reason, and this is the view of the majority of jurists, as setting a time limit for separation in this specific case would negate the legal effect of the oath-taking abstention (Ila'), which is otherwise undisputed.