for the other; due to it being a single act. If it were permissible for one of them to be singled out with prohibition, the woman would be singled out with the prohibition of intercourse during menstruation, post-natal bleeding, her ihram, and her fasting; due to the cause being specific to her.

Section: If the period expires while he is imprisoned for a right he is able to fulfill, he is demanded to make return (fay'ah); because he is capable of it by fulfilling what is upon him. If he does not do so, he is ordered to divorce. If he is incapable of fulfilling it, or if he is imprisoned unjustly, he is ordered to make the return of an excused person. If the period expires while he is absent and the road is safe, she has the right to appoint someone to demand him to travel to her, or bring her to him; if he does not do so, he is compelled to divorce. If the road is dangerous, or he has an excuse that prevents him, he makes the return of an excused person.

Section: If he is overcome in his intellect by madness or fainting, he is not demanded to do so; because he is not suitable for address, and a response is not valid from him. The demand is delayed until the state of ability and the removal of the excuse, and then he is demanded at that time. If he is castrated (majbub), and we say that his oath of abstinence (ila') is valid, he makes the return of an excused person, saying: "If I were able, I would have had intercourse with her."

Section: If the period expires and he claims that he is incapable of intercourse, and he had previously had intercourse with her once, his claim of impotence ('unnah) is not heard, just as her claim against him is not heard, and he is taken to task by return or divorce like anyone else. If he had not had intercourse with her and his state was not known, the Qadi said: His claim is heard and his word is accepted; because impotence is among the defects that no one else can verify. This is the apparent text of al-Shafi'i. She has the right to ask the judge, so he sets a period of impotence for him after he makes the return of those with excuses. There is another view: that his word is not accepted; because he is accused in the claim of something that would drop a right from him for which he is being sued, and the default assumption is his being free of it. If she claims that he has had intercourse with her once,