and she chooses separation, the judge shall separate them, as we have mentioned regarding the adult. If he has property and the guardian refuses to pay the maintenance, the judge shall compel him through imprisonment. If he still does not pay, the judge shall take from the minor's property and pay for her. If he is unable to do so, and the guardian persists in his refusal while imprisoned and maintenance becomes impossible, the judge shall separate them if she requests it, according to what we have mentioned in the case of the adult. The Qadi mentioned in 'Al-Kabir' that he does not separate them, and the same applies here, because they are equal regarding the obligation of maintenance upon them, and thus they are equal in its rulings.

Section: If a woman who is ratqa' (having an imperforate vagina), a menstruating woman, a woman in postpartum bleeding, a woman with narrow anatomy who cannot be penetrated, or a sick woman offers to deliver herself, her maintenance is binding upon him. If any of these conditions befall her, her maintenance does not cease, because enjoyment is possible and there is no negligence on her part, even if he is prevented from intercourse. This differs from the case of a minor, for she has a state in which he can enjoy her completely, and the apparent assumption is that he married her in anticipation of that state, unlike these other cases. For this reason, if he demands the delivery of these women, their delivery is obligatory, whereas if he demands the delivery of the minor, it is not obligatory. If it is said: "If a healthy woman offered enjoyment excluding intercourse, her maintenance would not be obligatory, and therefore these should be the same," we reply: "That is because she refused what is obligatory upon her, while these women are not obligated to enable [intercourse] where it causes harm." If she claims that intercourse is harmful to her due to the narrowness of her vagina, or sores, or similar, and he denies it, she shall be shown to a trustworthy woman, and her word shall be acted upon. If she claims his phallus is too large and massive, it is permissible for the woman to look at them while they are together, because it is a place of necessity, and looking at the 'awra is permitted for necessity and testimony.

1395 - Issue: He said: (And if the husband demands consummation and she says: "I will not deliver myself until I take my dowry (sadaq)," this is her right, and his maintenance is binding upon him until he pays her her dowry.)