first, to the prohibition of intercourse after the intercourse by which he became a person who committed zihar; because of what we have mentioned, thus the two narrations are in agreement. And Allah, the Exalted, knows best.

1301 - Issue: He said: (Or he has an excuse of illness, or ihram, or something with which intercourse is not possible, so he says: Whenever I am able, I will have intercourse with her. And that statement of his constitutes a fay'ah (return) in view of the excuse.)

This sums up to this: if the period passes while the person who has taken the oath of abstinence (muli) has an excuse that prevents intercourse, such as illness, unlawful imprisonment, or otherwise, it is incumbent upon him to make a return (fay'ah) with his tongue, by saying: Whenever I am able, I will have intercourse with her, or something similar to this. Among those who said: He makes a return with his tongue if he has an excuse, are: Ibn Mas'ud, Jabir ibn Zayd, al-Nakha'i, al-Hasan, al-Zuhri, al-Thawri, al-Awza'i, 'Ikrimah, Abu 'Ubayd, and the scholars of opinion (ashab al-ra'y). Sa'id ibn Jubayr said: The return (fay'ah) does not occur except through intercourse, in the state of excuse or otherwise. Abu Thawr said: If he is unable, he is not forced until he recovers, or arrives if he is absent, and a return with his tongue is not incumbent upon him; because the harm caused by abstaining from intercourse is not removed by mere speech. Some of the Shafi'is said: He needs to say: I have regretted what I did, and if I am able, I will have intercourse. Our view is that the intent of the return (fay'ah) is to abandon what he intended of harm, and he has indeed abandoned the intent of harm by what he has offered of apology. Statement with an excuse takes the place of the action of the capable person, based on the evidence that the witness of the pre-emptor (shafi') regarding the request for pre-emption (shuf'ah) at the time of inability to request it, takes the place of requesting it in his presence in establishing it. He does not need to say: I have regretted; because the purpose is to show his retraction from persisting in the oath, and that has been achieved by the manifestation of his resolve to do so. Abu al-Khattab narrated from the Qadi that the return of the excused person is for him to say: I have returned (fi'tu) to you. This is the view of al-Thawri, Abu 'Ubayd, and the scholars of opinion. That which the Qadi mentioned in "al-Mujarrad" is like what al-Khiraqi mentioned, and it is better; because his promise to perform the act upon being able to do so is evidence of abandoning the intent of harm, and in it is a type of apology and an announcement of his removal of the harm when it becomes possible for him, while saying: I have returned to you, does not achieve any of this. As for the one who is incapable due to castration (jabb) or paralysis, his return is for him to say: If I were able, I would have intercourse with her. Because that removes what has resulted from his oath of abstinence.