Every woman is considered by herself. Therefore, if his impotence was established with respect to them [all], and some of them accepted it, her right alone would fall, not the others. And because the annulment is to repel the harm resulting from the incapacity to have intercourse with her, which is established with respect to her and is not removed by intercourse with another. As for his saying: "How can his incapacity for one be valid while not for another?" We say: his desire may be stirred with respect to one of them due to his excessive love for her, his inclination toward her, and her uniqueness in beauty and the like, as opposed to the other. Based on this, if he married a woman and had intercourse with her, then divorced her, then married her [again], and became impotent with her, she has the right to demand [annulment]; because if it is permissible that he be impotent with one woman and not another, then [it is even more so] in one marriage versus another. According to the statement of Abu Bakr and those who agreed with him: this is not valid; rather, whenever he has intercourse once, his impotence is never established.

1192 - Issue: He said: "And if he is castrated (jubb) before the year passes, she has the option [to annul] at that time."

It is as if al-Khiraqi intended: if the period was set for him and he did not have intercourse with her until he was castrated, the option [to annul] is established for her immediately. This is because we wait for the year to pass in order to know his incapacity, and we have known it here with certainty, so there is no need for waiting. Al-Qadi said: It follows from this that all defects that occur after the contract grant the right of option [to annul]; for the option here was only established due to the occurring castration, and without it, the annulment would not be established because we would not have been certain of his impotence. Since castration is a newly occurring defect, and annulment was established by it, it is known that it was only entitled by the newly occurring defect. In some copies: "before the consummation (dukhul)." Both meanings are the same. It is possible that the annulment was only entitled here due to the newly occurring castration, because it entails the objective of impotence in the incapacity for intercourse and verifies the meaning that the woman claimed, unlike other defects. And Allah knows best.