As for the separation of li'an (imprecation), it occurs due to their mutual imprecation before the ruling of the judge, whereas here the matter is the opposite, [and because li'an prohibits the continuation of the marriage, thus preventing its initiation, and necessitates separation, thus preventing union; whereas here the matter is the opposite]. If the woman is satisfied with staying, or does not request the annulment, the annulment is not permitted; how then could the analogy (qiyas) be valid given these differences?
Section: For anyone whose inability to perform intercourse is known to be due to a temporary cause, such as youth or an illness from which recovery is hoped, no period shall be set for him; because that is a temporary cause that will vanish, whereas impotence ('unna) is a natural constitution and inherent state that does not vanish. If it is due to old age, or an illness from which no recovery is hoped, a period shall be set for him, because he is in the same category as one who was created that way. If it is due to castration (jabb) or paralysis, the option is established immediately, because intercourse is despaired of, so there is no meaning in waiting for it. If there remains enough of the penis to make intercourse possible, then the preferred course is to set a period for him, because he is in the same category as one who is naturally impotent. If there is a disagreement regarding the remaining amount as to whether intercourse is possible with it or not, it shall be referred to experts in the knowledge of such matters.
Section: As for the eunuch (khasi), al-Khiraqi mentioned him in the chapter heading and did not assign him a separate ruling. The apparent meaning of his statement is that he categorized him with others, in that whenever he cannot reach her, he is granted a period, and if he can reach her, she has no option, because intercourse is possible and the enjoyment is realized through his intercourse. It has been said that his intercourse is greater than that of others because he does not ejaculate and thus become fatigued by ejaculation. We have already mentioned the disagreement of our companions regarding this in what has passed. There is no difference between one whose testicles were cut off, the majwu' (one whose testicles were crushed), and the maslul (one whose testicles were extracted), for the ruling in all of them is the same; he does not ejaculate, and children cannot be born from him.
(13) In the original: "ju'ilat" (was made). (14) Omitted from [MS] B. [Note: The text refers to] looking at the argument. (15) In the original: "lam" (did not). (16) In [MS] M: "al-mudda" (the period). (17) In [MS] A and B: "bihi" (with it). (18) In the original: "yufarriquhu" (separates him).