Sa'id bin al-Musayyab (may Allah have mercy on him) narrates from Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) that the impotent man is to be given a respite of one year. If he becomes able, (well and good); otherwise they are to be separated. The woman is entitled to the mahr, and she must observe the iddah.
The Shaykh (may Allah have mercy on him) said: This is based on his view that seclusion (khalwah) establishes the mahr and makes the iddah obligatory.
(b) Al-Sha'bi (may Allah have mercy on him) narrates from Sayyiduna Umar (may Allah be pleased with him) in mursal form that the one-year respite is to be counted from when the case is presented before the ruler.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 14289
Sayyiduna Abdullah (may Allah be pleased with him) said: He is to be given a respite of one year. If he becomes able, (well and good); otherwise they are to be separated.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 14290
Sayyiduna Mughirah bin Shu'bah (may Allah be pleased with him) said: The impotent man is to be given a respite of one year from the time his case is presented before the ruler.
Imam Malik (may Allah have mercy on him) said: The respite is to be counted from the day the case is presented before the judge.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 14293
Mughirah bin Shu'bah (may Allah be pleased with him) said that the case of a man who was unable to fulfil his wife's need was brought, and he gave him a respite of one year.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 14294
Sayyiduna Abdullah (may Allah be pleased with him) said concerning the impotent man that he is to be given a respite of one year; if he becomes able to consummate, (well and good); otherwise they are to be separated.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 14295
Yahya bin Sa'id al-Qattan (may Allah have mercy on him) said: It was said to Sufyan bin Sa'id (may Allah have mercy on him): "Shu'bah (may Allah have mercy on him) differs from you in the hadith of Mughirah bin Shu'bah (may Allah be pleased with him) that the impotent man is to be given a respite of one year. You both narrate it from al-Rukayn; you say: (the narrator) is Abu al-Nu'man, and he says: he is Abu Talq." Sufyan (may Allah have mercy on him) laughed and said: "Shu'bah and I were with al-Rukayn when a son of Abu al-Nu'man, who was called Abu Talq, passed by. Al-Rukayn said: 'I heard the father of Abu Talq,' but the words 'the father of Abu Talq' escaped Shu'bah, and he said: Abu Talq."
This view has also been narrated to us from Sa'id bin al-Musayyab, Ata bin Abi Rabah, al-Hasan al-Basri and Ibrahim al-Nakha'i (may Allah have mercy on them).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 14297
Hani bin Hani said: A beautiful woman came to Sayyiduna Ali (may Allah be pleased with him) and said: "O Commander of the Believers, what is your view about a woman who is neither a widow nor a woman with a husband?" He understood what she was saying. Her husband was the chief of his people, and he too came. Sayyiduna Ali (may Allah be pleased with him) said: "What do you say about what she is saying?" He said: "It is just as she has said." He said: "Anything other than this?" He said: "No." He said: "Not even in the last part of the night?" He said: "Not even in the last part of the night." Sayyiduna Ali (may Allah be pleased with him) said: "You have ruined yourself and you have ruined her, yet I dislike separating the two of you."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 14298
Shu'bah narrated it from Abu Ishaq with the same meaning; in it: her husband came following behind her, an old man leaning on a staff; and he added: "Fear Allah and be patient."
Imam al-Shafi'i (may Allah have mercy on him) said in Sunan Harmalah: If this hadith were established from Sayyiduna Ali (may Allah be pleased with him), there would be no disagreement in it with Sayyiduna Umar (may Allah be pleased with him), because he may have had intercourse with her and then reached this age and become unable to have intercourse with her. Then he continued the discussion until he said: Moreover, he knows that Hani bin Hani is not known, and that this hadith is among those that the scholars of hadith do not regard as established, because Hani bin Hani is unknown to them.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 14299
Al-Dahhak narrates from Sayyiduna Ali (may Allah be pleased with him) that the impotent man is to be given a respite of one year. If he becomes able to consummate, (well and good); otherwise they are to be separated.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 14300