say instead that divorce takes effect upon the expiration of four months if he does not resume relations with her.

Marital companionship—which initially consists in the equitable division of nights—and sexual relations, meaning intercourse, are obligatory upon him, as established by the Quran, the Sunnah, and foundational principles. Indeed, this is the very purpose of marriage. The fact that natural inclination impels one toward it does not preclude its being obligatory, just as it does not preclude the obligation to eat and drink. When the Prophet, peace and blessings be upon him, saw ‘Abdullāh ibn ‘Amr (1), may Allah be pleased with them both, fasting continuously, he said to him, “Your wife has a right over you.” (2) Were intercourse not a right due to her, she would not be entitled to annul the marriage because of his inability to have intercourse or because he refuses it on religious grounds.

It has been said that what is obligatory is intercourse once every four months, since that is the waiting period prescribed for an oath of abstention. It has also been said that he must have intercourse with her in a reasonable manner, commensurate with his ability and her need, just as maintenance is likewise due in a reasonable manner. Similarly, what is due to him is his right in a reasonable measure, commensurate with [أ/ق 69] her ability and his need. In the event of a dispute, the judge determines the amount of sexual relations to which she is entitled, just as he determines what the husband is entitled to and assesses maintenance and the customary dower. Both views are found in the school of Ahmad and in other schools. The second is more consistent with the Quran, the Sunnah, foundational principles, and people’s welfare, for only through it can people’s needs be met and harm removed.

As for the husband’s right over her, Muslim narrated in his Sahih (3) that the Prophet, peace and blessings be upon him, said in his sermon—peace and blessings be upon him: “Fear Allah concerning women, for they are like captives in your care. You (4) have taken them as a trust from Allah and made intimacy with them lawful by the word of Allah. It is your right that they not allow