Section
“Al-rataq, al-qarn, al-‘afal, and al-fatq…”
His statement, “Al-rataq”: This is derived from the sense of being joined together, as Allah says:
“Have those who disbelieve not considered that the heavens and the earth were once a joined entity?” [al-Anbiya’ 21:30]
That is, one single thing. Thus, rataq means that a woman’s vaginal opening is closed, so that the penis cannot enter it. This establishes the husband’s option, because it prevents the purposes of marriage: having children and sexual enjoyment.
His statement, “Al-qarn”: This is flesh that grows in the vaginal opening and blocks it. Its ruling is like that of the first condition. It is acquired, whereas the first is congenital.
His statement, “Al-‘afal”: This is a swelling in the flesh between the woman’s two passages, which constricts her vaginal opening, so that the penis cannot penetrate it.
His statement, “Al-fatq”: This is a rupture between her two passages—that is, between the urinary outlet and the outlet for semen. This prevents sexual enjoyment and may lead to urine leaking into the outlet for semen. It may also prevent pregnancy, in that this opening causes the semen to be lost before it reaches the womb. In that case, it is a defect.
All these defects pertain to the vaginal opening and are therefore particular to women. The reason they are considered defects is that they prevent the purpose of marriage.
The apparent meaning of the author’s words is that fatq is a defect even if it can be remedied. We say, however, that if it can only be remedied through a lengthy operation, then it is a defect; the operation may succeed or may not. But if medicine has advanced and they say, “This is simple; it will be resolved within a week,” then the apparent implication of their discussion in the Book of Sales—that if a defect in merchandise is removed quickly, there is no option—is that the same should be said here,