Discussion regarding marriage to a person with a defect.
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. We have previously stated in the chapter on defects that some women are prevented from marrying a man with a defect, meaning we do not marry them to a man with a defect under any circumstances. Who is she?
The questioner : ... the author mentions the young girl and the slave woman ... .
The Shaykh : And the insane woman, correct. And among women, some are prevented from marrying a man who has a specific defect? Yes?
The questioner : And like the adult woman, if his defect does not extend to her or to ... .
The Shaykh : Is she prevented?
The questioner : No, she is not prevented.
The Shaykh : I am asking. We say, who is prevented?
The questioner : She is prevented if it extends to her or to her offspring.
The Shaykh : For example?
The questioner : Like leprosy or vitiligo.
The Shaykh : Yes, correct. Now, what if she is satisfied with it and her guardian leaves her alone?
The questioner : ... .
The Shaykh : ... meaning is he obligated to prevent her? Is he obligated? Do you agree with this?
The questioner : ... .
The Shaykh : Huh?
The questioner : ... .
The Shaykh : But.
The questioner : ... .
The Shaykh : The issue is this: an adult woman married a man with a defect. Does her guardian have the right, if she wants to marry, does her guardian have the right to prevent her? The adult woman, absolutely? Huh?
The questioner : And if she is an adult ... .
The Shaykh : Absolutely, he prevents her from every man with a defect.
The questioner : ... .
The Shaykh : Huh?
The questioner : ... harm.
The Shaykh : For example?
The questioner : Leprosy.
The Shaykh : And others? And insanity?
The questioner : Insanity, if it is contagious.
The Shaykh : Of course, insanity generally extends, and the third? Yes, what are the defects for which an adult woman is left alone if she is satisfied with them?
The questioner : That he is impotent.
The Shaykh : Or? We mentioned it because intercourse is her right, so if she is satisfied with waiving it, that is for her. Now, if the defect is found after the contract and it is of the kind that extends, is she forced to annul it?
The questioner : She is not forced.
The Shaykh : She is not forced, is that right?
The questioner : ... .
The Shaykh : A woman married a healthy man, and later vitiligo appeared in him. Is her guardian forced to make her annul it?
The questioner : No, he does not force her.
The Shaykh : No?
The questioner : She has the right to annul, or ... .
The Shaykh : I am asking you, no or yes?
The questioner : No.
The Shaykh : The reasoning comes later.
The questioner : No.
The Shaykh : She is not forced? Why?
The questioner : It was her right, and.
The Shaykh : And continuity?
The questioner : Continuity is stronger than the beginning.
The Shaykh : Continuity is stronger than the beginning. He prevents her at the beginning, but if this thing happens after the contract, he does not force her. But does she have the right to annul it herself? The question is for you?
The questioner : Yes.
The Shaykh : She has that right.
The questioner : If it is a defect.
The Shaykh : Because if the defect occurs after the contract, the right to annul belongs to whoever, as previously stated.
The questioner : ... the author mentions the young girl and the slave woman ... .
The Shaykh : And the insane woman, correct. And among women, some are prevented from marrying a man who has a specific defect? Yes?
The questioner : And like the adult woman, if his defect does not extend to her or to ... .
The Shaykh : Is she prevented?
The questioner : No, she is not prevented.
The Shaykh : I am asking. We say, who is prevented?
The questioner : She is prevented if it extends to her or to her offspring.
The Shaykh : For example?
The questioner : Like leprosy or vitiligo.
The Shaykh : Yes, correct. Now, what if she is satisfied with it and her guardian leaves her alone?
The questioner : ... .
The Shaykh : ... meaning is he obligated to prevent her? Is he obligated? Do you agree with this?
The questioner : ... .
The Shaykh : Huh?
The questioner : ... .
The Shaykh : But.
The questioner : ... .
The Shaykh : The issue is this: an adult woman married a man with a defect. Does her guardian have the right, if she wants to marry, does her guardian have the right to prevent her? The adult woman, absolutely? Huh?
The questioner : And if she is an adult ... .
The Shaykh : Absolutely, he prevents her from every man with a defect.
The questioner : ... .
The Shaykh : Huh?
The questioner : ... harm.
The Shaykh : For example?
The questioner : Leprosy.
The Shaykh : And others? And insanity?
The questioner : Insanity, if it is contagious.
The Shaykh : Of course, insanity generally extends, and the third? Yes, what are the defects for which an adult woman is left alone if she is satisfied with them?
The questioner : That he is impotent.
The Shaykh : Or? We mentioned it because intercourse is her right, so if she is satisfied with waiving it, that is for her. Now, if the defect is found after the contract and it is of the kind that extends, is she forced to annul it?
The questioner : She is not forced.
The Shaykh : She is not forced, is that right?
The questioner : ... .
The Shaykh : A woman married a healthy man, and later vitiligo appeared in him. Is her guardian forced to make her annul it?
The questioner : No, he does not force her.
The Shaykh : No?
The questioner : She has the right to annul, or ... .
The Shaykh : I am asking you, no or yes?
The questioner : No.
The Shaykh : The reasoning comes later.
The questioner : No.
The Shaykh : She is not forced? Why?
The questioner : It was her right, and.
The Shaykh : And continuity?
The questioner : Continuity is stronger than the beginning.
The Shaykh : Continuity is stronger than the beginning. He prevents her at the beginning, but if this thing happens after the contract, he does not force her. But does she have the right to annul it herself? The question is for you?
The questioner : Yes.
The Shaykh : She has that right.
The questioner : If it is a defect.
The Shaykh : Because if the defect occurs after the contract, the right to annul belongs to whoever, as previously stated.