His statement, “if he wishes to remain alone for the remainder,” means that he may remain alone for the remaining three nights if he wishes. However, if the woman refused to let him spend one night out of four with her, she would have no right to do so—even though he might have three other wives—and say: “I regard you as having three wives, so you are only obliged to give me one night out of four.” Just as this would not be correct, neither would its converse.
He is obliged, if able, to have intercourse once every third of a year, ………
His statement, “He is obliged, if able, to have intercourse once every third of a year,” means that he is only obliged to have marital intercourse three times a year: once every four months—and only if he is able, even if the woman is among the most sexually desirous of women and he is a young man!
His statement, “if able,” implies that if he is unable, then it is not obligatory upon him, for Allah does not burden any soul beyond its capacity. There is no sin upon him in that. Yet the question remains: if he is unable to have intercourse, there is someone whose right is affected—namely, the wife. What then should be done?
We have previously mentioned that if he is impotent, he is granted a one-year reprieve, after which the marriage is annulled. If his inability is due to illness, then according to the madhhab, she has no right to annulment, as stated earlier.
Shaykh al-Islam—may Allah have mercy on him—held that she has the right to annul the marriage because of his inability to have intercourse. He said: His inability to have intercourse warrants annulment more than his inability to provide maintenance. What the Shaykh said is correct, because many women desire companionship with their husbands and desire children more than they desire money; in such matters, money is of little concern to them. Thus, to say that she has the right to annulment if he is unable to provide maintenance, but has no right to annulment if he is unable to have intercourse—unless his impotence is established—is questionable. The correct view is what the Shaykh—may Allah have mercy on him—said: that