And she denied that, she does not have the right to demand the setting of an impotence period, because of her admission of his lack of impotence, and the word is his regarding the non-occurrence of intercourse.

1302 - Issue: He said: (Whenever he is able, and does not do so, he is ordered to divorce.)

The entirety of the matter is that when the one who has taken an oath of abstinence (muli) is detained and demanded to make return (fay'ah) while he is capable of it, and he does not do so, he is ordered to divorce. This is the opinion of everyone who says that the muli is detained; because Allah the Almighty said: {Then either keep them in kindness or release them with good treatment} (1). So if he refuses to perform what is obligatory upon him, he has refused to keep her in kindness, so he is ordered to release her with good treatment. If he was excused, and he made return with his tongue, then he became capable of intercourse, he is ordered to perform it; if he does so, otherwise he is ordered to divorce. This is what al-Shafi'i said. Abu Bakr said: If he makes return with his tongue, he is not demanded to make return a second time, and he has exited the state of ila'. This is the opinion of al-Hasan, 'Ikrimah, and al-Awza'i; because he has made return once, so he has exited the state of ila', and a second return is not incumbent upon him, just as if he had made return by intercourse. Abu Hanifah said: The period of ila' is resumed for him; because he has fulfilled her right for her by what was possible for him of return, so he is not demanded except after the resumption of the period of ila', as if he had divorced her. Our position is that he has delayed her right due to his inability to perform it, so when he is capable of it, it is incumbent upon him to fulfill it for her, like a debt upon an insolvent person when he becomes capable of it. What they mentioned is not her right, nor is the harm removed from her by it, but he has only promised her fulfillment, and it is incumbent upon her to be patient with him and grant him respite (2), like an insolvent debtor.

Section: There is no expiation or breach of oath (hinth) upon one who makes return with his tongue; because he did not perform the act regarding which the oath was taken, but only promised to perform it; he is like someone who owes a debt and swore not to pay it, then became insolvent, and said: Whenever I am capable, I will pay it.