my fast. He is delayed by that amount; for it is taken into account that he should reach a state in which he is capable of having intercourse, as is typical in custom. Likewise, he is delayed until he returns to his home; [because the custom is to perform that in his home]. If she has an excuse that prevents intercourse with her, she does not have the right to demand the fai'ah; because intercourse is prohibited from her side, so she cannot demand from him that which she prevents him from doing. Furthermore, the demand is a derivative of the entitlement, and she is not entitled to intercourse in these circumstances. She does not have the right to demand a divorce; because it is only entitled upon his refusal to perform the mandatory fai'ah, and nothing has become mandatory upon him. Rather, the demand is postponed until the time the excuse is removed, provided the excuse is not one that interrupts the duration, such as menstruation, or if the excuse arose after the duration had expired.

Section: If she pardons him from the demand after it has become mandatory, some of our companions said: Her right falls away, and she does not have the right to demand it afterwards. The Qadi said: This is the analogy of the school; because she consented to the waiver of her right to annulment due to the lack of intercourse, so her right to it fell away, just like the wife of an impotent man (innin) if she consents to his impotence. It is possible that her right does not fall away, and she has the right to demand it whenever she wishes. This is the school of al-Shafi'i; because it is established to remove harm by abandoning that which is renewed with circumstances, so she has the right to retract, just as if he were insolvent regarding maintenance, she pardoned the demand for annulment, then demanded it. This differs from annulment for impotence; for that is an annulment due to his defect, so whenever she consents to the defect, her right falls away, as if the buyer pardoned a defect in the sold item. If she remains silent about the demand, then demands it later, she may do so; because her right is established on a deferred basis, so it does not fall away by delaying the demand, like the entitlement to maintenance.

Section: The slave woman is like the free woman in the entitlement to the demand, whether the master pardons that or does not pardon it; because the right belongs to her, as the enjoyment is obtained for her. If she abandons the demand, her master has no right to demand it; because he has no right to it. If it is said: His right is in the offspring, and this is why coitus interruptus ('azl) is not permissible with her [except with his permission]. We say: He is not entitled to the procreation of the woman from the husband; and therefore, if he swore that he would practice coitus interruptus with her, or that he would not procreate from her, he would not be an Ila' (oath-taker). If the one who takes the oath of Ila' has intercourse in such a way that the circumcision parts meet, the fai'ah is achieved, and the demand is removed from him, even if he does not ejaculate. The master is only asked for permission for coitus interruptus because it harms the slave woman, as it may decrease her value.