The wife of an impotent man (‘innin)

Question

Question: Zayd’s nikah with Zubayda took place about two to two and a half years ago. On the very wedding night Zayd was unable to consummate the marriage. For some time he kept Zubayda under various excuses, concealing his own defect, but in the end, upon Zubayda’s insistent demand, his secret came out: Zayd is impotent (‘innin) — there is neither erection nor strength. Zubayda became upset and went to her father’s house, and Zayd was advised to get treatment; in the end the treatment brought no benefit at all.

Answer

If at the time of the nikah Zubayda knew that Zayd was impotent (‘innin), or if, after coming to know of it, Zubayda even once expressed verbally her consent to live with Zayd — for example by saying: “Now I will live with him, whatever he may be” (remaining silent is not sufficient; an explicit statement of consent is necessary) — or if Zayd has had intercourse (jima‘)

Source: Fatawa Mahmudiyya

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