The Fourth Case: That the Divorce Be by Annulment.
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The Shaykh : As for the annulments that are established due to the presence of a defect or the failure of a condition, there is no taking back in them except by a new contract, because annulment is not divorce. The annulments that occur, whether due to the presence of a defect or the failure of a condition, do not involve taking back, nor do they involve resuming the marriage. Why?
Because they are not divorce. An example of this is a woman who stipulated a specific thing to her husband. She said to them that he must bring a mahr (bridal gift) of twenty thousand, but he only brought a mahr of ten thousand, and then he delayed the remaining ten thousand. In this case, she has the right to annul the contract. She has the right to annul the contract because a condition from the conditions she stipulated with her husband has failed.
As for the presence of a defect, a man married a woman, and when he entered upon her, he found her blind and unable to see. Is this a defect or not a defect?
The student: A defect.
The Shaykh : A defect. So he has the right to annul the contract. Or she married a man and found him blind, and she did not know of his blindness. She also has the right to annul due to the presence of a defect.
There is no taking back in this because annulment is not divorce. And Allah the Exalted said:[Al-Baqarah 2:228].
Perhaps we will limit ourselves to this extent regarding what concerns divorce, so that we may move on to the verses we heard this night that the imams recited.
Because they are not divorce. An example of this is a woman who stipulated a specific thing to her husband. She said to them that he must bring a mahr (bridal gift) of twenty thousand, but he only brought a mahr of ten thousand, and then he delayed the remaining ten thousand. In this case, she has the right to annul the contract. She has the right to annul the contract because a condition from the conditions she stipulated with her husband has failed.
As for the presence of a defect, a man married a woman, and when he entered upon her, he found her blind and unable to see. Is this a defect or not a defect?
The student: A defect.
The Shaykh : A defect. So he has the right to annul the contract. Or she married a man and found him blind, and she did not know of his blindness. She also has the right to annul due to the presence of a defect.
There is no taking back in this because annulment is not divorce. And Allah the Exalted said:
Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.
والمطلقات يتربصن بأنفسهن ثلاثة قروء وبعولتهن أحق بردهنPerhaps we will limit ourselves to this extent regarding what concerns divorce, so that we may move on to the verses we heard this night that the imams recited.