with an illness from which recovery is expected, she is not obligated to hand over herself before she recovers; because this is a temporary impediment from which recovery is expected, so it is like youth. Furthermore, custom has not established the bride being sent (zaff) to her husband while she is ill, and the delivery (of oneself) in the contract is obligatory according to custom. If she hands over herself and the husband accepts her, he is responsible for her maintenance, because illness is an accidental occurrence that happens and recurs, so it is difficult to waive maintenance due to it, thus it follows the status of menstruation. For this reason, if she becomes ill after handing herself over, her maintenance is not forfeited. If he refuses to accept her, he has the right to do so, and he is not obligated to pay her maintenance; because since it was not obligatory for her to hand herself over to him, it was not obligatory for him to accept her, just like the young girl, and because custom has not established accepting her in this state. Al-Qadi said: He is obligated to accept her, and if he refuses, he is responsible for her maintenance, based on what we mentioned: that it is an occurrence from which one cannot be protected and it recurs, so it resembles menstruation. As for if the illness is one from which recovery is not expected, it is mandatory to hand her over to the husband if he requests her, and he is obligated to accept her if she is offered to him; because there is no state for her in which the cessation of that (illness) is expected, so if she did not hand over herself, the marriage would yield no benefit, and he has the right to enjoy her. However, if she is frail (nidwat al-khalq) and he is corpulent, and she fears for herself injury from the greatness of his frame, she has the right to prevent him from having sexual intercourse with her, though he has the right to enjoy her in ways other than the private parts, and he is obligated to pay her maintenance, and he does not have the option of annulment (faskh); because it is possible for someone else to enjoy her, and the prevention of enjoyment is for a reason in him, which is the greatness of his frame, unlike the case of a ratqa' (a woman with a congenital vaginal obstruction). If he requests her to be handed over to him while she is menstruating, it is possible that this is not mandatory; because it is contrary to custom, so it resembles an illness from which recovery is expected. It is also possible that handing her over is mandatory; because it (menstruation) will cease soon, and it does not prevent enjoyment of what is other than the private parts, so if he requests that, she may not prevent him from it, just as she may not prevent him from it after accepting her. If she is offered to him and he refuses until she becomes pure, then according to the view of al-Qadi, he is obligated to accept her and pay her maintenance if he refuses it, and it is derived (yatakharraj) based on what we mentioned that he is not obligated to do so, like the illness from which recovery is expected.