The husband’s right to reclaim the mahr from the one who deceived him regarding a defect in the woman
Machine translationRead the Arabic original
Question:
Honorable Shaykh, regarding a defect in the woman, such as a horn, how does the husband take his mahr from the one who harmed him, when this is a matter that no one can know except the woman?
Answer:
It is presented to women; the defects of women are presented to women. If it is established that she has a defect, does this establish the right of choice for the man? He has no right of choice. Did he marry a woman on the condition that she had a blemish or a horn? Did he marry a woman? Did he marry a woman who was sound? He has the right of choice if this is established and it is decided that this woman has this defect. Yes.
Honorable Shaykh, regarding a defect in the woman, such as a horn, how does the husband take his mahr from the one who harmed him, when this is a matter that no one can know except the woman?
Answer:
It is presented to women; the defects of women are presented to women. If it is established that she has a defect, does this establish the right of choice for the man? He has no right of choice. Did he marry a woman on the condition that she had a blemish or a horn? Did he marry a woman? Did he marry a woman who was sound? He has the right of choice if this is established and it is decided that this woman has this defect. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الكفاءة والخيار — islamhouse.com (55:27)
The Arabic text is a machine transcription of the audio recording.