What is the ruling regarding a husband who has intercourse with his wife daily without penetration or breaking the hymen, and what should the wife do in this regard?
If the husband is unable to engage in sexual intercourse from the beginning of the marriage, the wife can demand that he seek treatment. If the treatment is not effective, she has the right to request a divorce. If he does not grant the divorce, she can take her case to court.
Impotence is proven by the husband's admission before the judge, or by the testimony of two witnesses, or by the wife's oath after the husband refuses to take an oath. If the husband admits to impotence, a one-year period is set – a duration determined by the judge in hopes that the disability might be overcome. If the year passes and the husband is still unable to engage in sexual intercourse, and his incapacity is proven, then the wife can bring her case before the judge again. It is advisable to resolve the matter peacefully, away from the courts.
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