"And the closure of the urethra, the union of the anus, the closure of the eyes, the splitting of the anus, the incontinence of urine and feces, and running sores in the private parts, piles, fistulas, castration, paralysis, and impotence"
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The Shaykh : He said: This chapter, which we have just finished, concerns a defect that is specific to whom?
The questioner : The husband.
The Shaykh : To the husband. The second set of defects in the third chapter states: "Chapter: The closure of the urethra, the union of the anus, the closure of the eyes, the splitting of the anus, the incontinence of urine and feces, and running sores in the private parts, piles, fistulas, castration, paralysis, and impotence, and if one of them is an obvious hermaphrodite, and madness, even if for only an hour, and leprosy and leprosy-like disease, establish for each of them the right to annul the marriage, even if it occurs after the contract, or if the other has a similar defect" This concerns defects. I mentioned to you a moment ago: are these defects limited or enumerated? There are two opinions among the scholars. One opinion is that they are enumerated; these defects are enumerated, and anything else is not included. The other opinion says they are limited. So what are they according to this opinion? Anything that repels one spouse from the other and prevents the perfection of enjoyment of the other. Now, for example, what we just read, which we read to you, does it mention blindness? Yes?
The questioner : No.
The Shaykh : It does not. Does it mention deafness? It does not. Does it mention lameness? Meaning, the woman or the man is lame and cannot walk. What? Is it mentioned or not? No, no, it is not mentioned. Let us take the least of them. What is the least of them?
The questioner : Yes?
The Shaykh : No, perhaps piles might be among the easiest. Piles, nowadays, praise be to Allah, are easy. A person undergoes an operation, it is like pulling a thorn from his leg, and it is over. For example, if a man finds piles in his wife and says, "This is a defect, I want to annul the marriage," they say, "Perhaps we can treat it in the hospital, and she will walk." He says, "No, absolutely not. I want the annulment and I want the full mahr." As for the other, he entered upon his wife and found her blind and deaf. When he speaks to her, "Oh so-and-so," the most she can do in terms of speech is say "Ha." Yes. He tries to comfort her with beautiful things. He says, "Look at this," and she says, "What?" He brings it close to her eye, and she sees nothing. Does he have the right to annul?
The questioner : He does not have the right to annul.
The Shaykh : He does not have the right to annul. Is this wife now a burden on him or a source of pleasure for him?
The questioner : A burden on him.
The Shaykh : She is a burden on him, and there is no cure for it, whereas piles, even if mild, are considered a defect. And by this, we know that it is impossible to ever make the defects enumerated... limited. Any person who knows with certainty that if a man is brought to a woman and he finds her blind and deaf, everyone knows that this is wrong, and this is deception and fraud against the husband and a trick. And likewise, if she enters upon him and finds the man hunchbacked, blind, and deaf, walking with a cane, while she believed the man was young and strong and active. Is this a defect or not a defect?
The questioner : It is a defect.
The Shaykh : Is it deception or not deception?
The questioner : Deception.
The Shaykh : By Allah, it is deception... worse than this deception, and we say she has no choice? Glory be to Allah. If he had piles, which could be treated in one day in the hospital, she says, "This is a defect." So, the result is that, if Allah wills, the detailed discussion will come in the next lesson, but this shows us that the scholars, may Allah have mercy on them, no matter how much knowledge they attained, their knowledge will not be complete, and they will not be infallible. Yes?
The questioner : The husband.
The Shaykh : To the husband. The second set of defects in the third chapter states: "Chapter: The closure of the urethra, the union of the anus, the closure of the eyes, the splitting of the anus, the incontinence of urine and feces, and running sores in the private parts, piles, fistulas, castration, paralysis, and impotence, and if one of them is an obvious hermaphrodite, and madness, even if for only an hour, and leprosy and leprosy-like disease, establish for each of them the right to annul the marriage, even if it occurs after the contract, or if the other has a similar defect" This concerns defects. I mentioned to you a moment ago: are these defects limited or enumerated? There are two opinions among the scholars. One opinion is that they are enumerated; these defects are enumerated, and anything else is not included. The other opinion says they are limited. So what are they according to this opinion? Anything that repels one spouse from the other and prevents the perfection of enjoyment of the other. Now, for example, what we just read, which we read to you, does it mention blindness? Yes?
The questioner : No.
The Shaykh : It does not. Does it mention deafness? It does not. Does it mention lameness? Meaning, the woman or the man is lame and cannot walk. What? Is it mentioned or not? No, no, it is not mentioned. Let us take the least of them. What is the least of them?
The questioner : Yes?
The Shaykh : No, perhaps piles might be among the easiest. Piles, nowadays, praise be to Allah, are easy. A person undergoes an operation, it is like pulling a thorn from his leg, and it is over. For example, if a man finds piles in his wife and says, "This is a defect, I want to annul the marriage," they say, "Perhaps we can treat it in the hospital, and she will walk." He says, "No, absolutely not. I want the annulment and I want the full mahr." As for the other, he entered upon his wife and found her blind and deaf. When he speaks to her, "Oh so-and-so," the most she can do in terms of speech is say "Ha." Yes. He tries to comfort her with beautiful things. He says, "Look at this," and she says, "What?" He brings it close to her eye, and she sees nothing. Does he have the right to annul?
The questioner : He does not have the right to annul.
The Shaykh : He does not have the right to annul. Is this wife now a burden on him or a source of pleasure for him?
The questioner : A burden on him.
The Shaykh : She is a burden on him, and there is no cure for it, whereas piles, even if mild, are considered a defect. And by this, we know that it is impossible to ever make the defects enumerated... limited. Any person who knows with certainty that if a man is brought to a woman and he finds her blind and deaf, everyone knows that this is wrong, and this is deception and fraud against the husband and a trick. And likewise, if she enters upon him and finds the man hunchbacked, blind, and deaf, walking with a cane, while she believed the man was young and strong and active. Is this a defect or not a defect?
The questioner : It is a defect.
The Shaykh : Is it deception or not deception?
The questioner : Deception.
The Shaykh : By Allah, it is deception... worse than this deception, and we say she has no choice? Glory be to Allah. If he had piles, which could be treated in one day in the hospital, she says, "This is a defect." So, the result is that, if Allah wills, the detailed discussion will come in the next lesson, but this shows us that the scholars, may Allah have mercy on them, no matter how much knowledge they attained, their knowledge will not be complete, and they will not be infallible. Yes?