"Or beautiful, or of noble lineage, or the denial of a defect that does not invalidate the marriage; if she is found to be the opposite, he has the right to annul it"
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful
"Or beautiful" means if the husband stipulated that the woman be beautiful and she turned out to be ugly, he has the option. If someone asks, "Does the husband not have the right to divorce even if he saw her as beautiful?" We say, yes, he has the right to divorce. But when we say he has the option, it means he can claim the mahr from the one who deceived him. This is the benefit. The benefit of saying he has the option is that he can claim the mahr from the one who deceived him, not that the benefit is that he separates from the wife. That is a matter in his hand from the start. The important point is that a man stipulated that the wife be beautiful, so when he entered into marital relations with her, he found her not to be beautiful. We tell him he has the option between remaining in the marriage and annulling it, and he can claim the mahr from the one who deceived him. Now, if someone asks, "What is the standard for her being beautiful or not beautiful?" Because what is beautiful to one person may not be beautiful to another, and every girl is a gazelle in the eyes of her mother, so what is the criterion? It is said that if the husband and the wife and her family dispute, and this may not be a common occurrence, but if they dispute and the wife says, "I am beautiful," and the husband says, "You are not beautiful," yes, to whom do we refer?
The questioner : To the husband ... .
The Shaykh : No problem. The husband may want her to be a fairy, yes?
The questioner : ... .
The Shaykh : Apparently, yes, we refer ... to balanced women, and from that we know that the necessity of the suitor seeing his prospective bride, for which the command came from the Messenger of Allah (peace and blessings be upon him), is because if he sees her, he has no excuse left. He enters the marriage with full knowledge. Now, if he did not stipulate that she be beautiful and then it turned out she was ugly, does he have the option?
The questioner : ... .
The Shaykh : No, as long as he did not stipulate it, he does not have the option? Because beauty is an addition to the original state, so if he did not stipulate it, the option is not established for him.
"Or of noble lineage" "Nasibah" means one of known lineage. What is this called among us?
The questioner : ... .
The Shaykh : Among people, some trace their lineage to the well-known Arab tribes, and this is called having noble lineage (nasab). Others do not trace their lineage to the well-known Arab tribes, and this is called not having noble lineage. So if he stipulated that she be of noble lineage and it turned out she was not, he has the option. Likewise, if he stipulated that she be from the family of the Messenger of Allah (peace and blessings be upon him), from the Banu Hashim, and she was not, he has the option. But should a person intend this? We say yes, this may be his intention. And the Prophet (peace and blessings be upon him) said,As-Sunan al-Kubra lil-Nasa'i 30:35 What? And lineage is undoubtedly part of honor.
"Or the denial of a defect that does not invalidate the marriage; if she is found to be the opposite, he has the right to annul it" He stipulated the denial of a defect that does not invalidate the marriage. This is because defects are of two types: a defect that invalidates the marriage and a defect that does not invalidate the marriage. An example of a defect that invalidates the marriage is if the woman, for instance, has incontinence of urine. This invalidates the marriage, meaning the husband can annul the contract and claim the mahr from the one who deceived him. Another defect does not invalidate the marriage, such as blindness. Blindness is a defect, but it does not invalidate the marriage. So if a man marries a woman and enters into marital relations with her and finds that she is blind, does he have the option? Yes? No, he does not have the option. Why? Because he did not say at the time of the contract that she is not blind. If he stipulated at the time of the contract that she is not blind, then he has stipulated the denial of a defect that does not invalidate the marriage. So if he finds her to be blind, yes, he has the right to annul it because the condition he stipulated was not met. Now, if he entered into marital relations with the woman and found her to be deaf, such that if a cannon were fired by her ear, she would not hear it.
The questioner : It does not invalidate.
The Shaykh : Yes?
The questioner : It does not invalidate.
The Shaykh : So does the marriage get invalidated? No, unless he stipulated that she can hear. So it is clear now that defects are divided into two categories: a defect that establishes the right of annulment, so its denial does not need a stipulation, and another defect, yes, that does not invalidate the marriage, so its annulment requires a stipulation. The annulment of the marriage requires a stipulation. I gave you examples of blindness and deafness because in reality, blindness and deafness are among the most repulsive defects. Imagine, according to the author's opinion, the school of thought (may Allah have mercy on them) says if he finds her blind, deaf, mute, and very old in age, yes, he has no option. Why? Because these defects do not invalidate the marriage unless their denial is stipulated. And it is known that no one can say that these are not defects. Can one imagine a person wanting to marry a woman and then finding her carried in a basket? Yes? Can one imagine it or not? One cannot imagine it, absolutely not. And the wonder is that they say if he finds her with bad breath, meaning a foul smell from the mouth, this is a defect that invalidates the marriage. But if he finds her with the description I mentioned earlier, it is not a defect. Which is more deserving of being considered a defect?
The questioner : ... .
The Shaykh : There is no doubt that what I mentioned first is more deserving of being considered a defect. In any case, defects are divided into two categories: a defect that establishes the right of annulment by its presence, so its denial is not required for annulment, and a defect that does not establish the right of annulment, so its denial is required for annulment. And if it is not denied, there is no annulment for him. Now, how do you exemplify his statement "Or the denial of a defect that does not invalidate the marriage"? I exemplify it with blindness, deafness, muteness, and lameness. There are many examples. If she is found to be the opposite, he has the right to annul it.
"Or beautiful" means if the husband stipulated that the woman be beautiful and she turned out to be ugly, he has the option. If someone asks, "Does the husband not have the right to divorce even if he saw her as beautiful?" We say, yes, he has the right to divorce. But when we say he has the option, it means he can claim the mahr from the one who deceived him. This is the benefit. The benefit of saying he has the option is that he can claim the mahr from the one who deceived him, not that the benefit is that he separates from the wife. That is a matter in his hand from the start. The important point is that a man stipulated that the wife be beautiful, so when he entered into marital relations with her, he found her not to be beautiful. We tell him he has the option between remaining in the marriage and annulling it, and he can claim the mahr from the one who deceived him. Now, if someone asks, "What is the standard for her being beautiful or not beautiful?" Because what is beautiful to one person may not be beautiful to another, and every girl is a gazelle in the eyes of her mother, so what is the criterion? It is said that if the husband and the wife and her family dispute, and this may not be a common occurrence, but if they dispute and the wife says, "I am beautiful," and the husband says, "You are not beautiful," yes, to whom do we refer?
The questioner : To the husband ... .
The Shaykh : No problem. The husband may want her to be a fairy, yes?
The questioner : ... .
The Shaykh : Apparently, yes, we refer ... to balanced women, and from that we know that the necessity of the suitor seeing his prospective bride, for which the command came from the Messenger of Allah (peace and blessings be upon him), is because if he sees her, he has no excuse left. He enters the marriage with full knowledge. Now, if he did not stipulate that she be beautiful and then it turned out she was ugly, does he have the option?
The questioner : ... .
The Shaykh : No, as long as he did not stipulate it, he does not have the option? Because beauty is an addition to the original state, so if he did not stipulate it, the option is not established for him.
"Or of noble lineage" "Nasibah" means one of known lineage. What is this called among us?
The questioner : ... .
The Shaykh : Among people, some trace their lineage to the well-known Arab tribes, and this is called having noble lineage (nasab). Others do not trace their lineage to the well-known Arab tribes, and this is called not having noble lineage. So if he stipulated that she be of noble lineage and it turned out she was not, he has the option. Likewise, if he stipulated that she be from the family of the Messenger of Allah (peace and blessings be upon him), from the Banu Hashim, and she was not, he has the option. But should a person intend this? We say yes, this may be his intention. And the Prophet (peace and blessings be upon him) said,
A woman is married for four things: for her wealth
تُنكح المرأة لأربعة لمالهاand for her honor, her beauty, and her religion
وحسبِها وجمالها ودينها"Or the denial of a defect that does not invalidate the marriage; if she is found to be the opposite, he has the right to annul it" He stipulated the denial of a defect that does not invalidate the marriage. This is because defects are of two types: a defect that invalidates the marriage and a defect that does not invalidate the marriage. An example of a defect that invalidates the marriage is if the woman, for instance, has incontinence of urine. This invalidates the marriage, meaning the husband can annul the contract and claim the mahr from the one who deceived him. Another defect does not invalidate the marriage, such as blindness. Blindness is a defect, but it does not invalidate the marriage. So if a man marries a woman and enters into marital relations with her and finds that she is blind, does he have the option? Yes? No, he does not have the option. Why? Because he did not say at the time of the contract that she is not blind. If he stipulated at the time of the contract that she is not blind, then he has stipulated the denial of a defect that does not invalidate the marriage. So if he finds her to be blind, yes, he has the right to annul it because the condition he stipulated was not met. Now, if he entered into marital relations with the woman and found her to be deaf, such that if a cannon were fired by her ear, she would not hear it.
The questioner : It does not invalidate.
The Shaykh : Yes?
The questioner : It does not invalidate.
The Shaykh : So does the marriage get invalidated? No, unless he stipulated that she can hear. So it is clear now that defects are divided into two categories: a defect that establishes the right of annulment, so its denial does not need a stipulation, and another defect, yes, that does not invalidate the marriage, so its annulment requires a stipulation. The annulment of the marriage requires a stipulation. I gave you examples of blindness and deafness because in reality, blindness and deafness are among the most repulsive defects. Imagine, according to the author's opinion, the school of thought (may Allah have mercy on them) says if he finds her blind, deaf, mute, and very old in age, yes, he has no option. Why? Because these defects do not invalidate the marriage unless their denial is stipulated. And it is known that no one can say that these are not defects. Can one imagine a person wanting to marry a woman and then finding her carried in a basket? Yes? Can one imagine it or not? One cannot imagine it, absolutely not. And the wonder is that they say if he finds her with bad breath, meaning a foul smell from the mouth, this is a defect that invalidates the marriage. But if he finds her with the description I mentioned earlier, it is not a defect. Which is more deserving of being considered a defect?
The questioner : ... .
The Shaykh : There is no doubt that what I mentioned first is more deserving of being considered a defect. In any case, defects are divided into two categories: a defect that establishes the right of annulment by its presence, so its denial is not required for annulment, and a defect that does not establish the right of annulment, so its denial is required for annulment. And if it is not denied, there is no annulment for him. Now, how do you exemplify his statement "Or the denial of a defect that does not invalidate the marriage"? I exemplify it with blindness, deafness, muteness, and lameness. There are many examples. If she is found to be the opposite, he has the right to annul it.