What is the ruling on a man who marries a woman and finds a defect in her, and he has a similar defect?
Machine translationRead the Arabic original
The Shaykh : But what do you say, O Khalid, about a man who marries a woman and finds a defect in her, and he has a similar defect?
The student: ...
The Shaykh : Huh?
The student: ...
The Shaykh : Now, does she have the right to annul the marriage?
The student: She?
The Shaykh : She or he?
The student: Neither of them has the right to annul the marriage because they are equal in this regard.
The Shaykh : Yes, and what do you say?
The student: ...
The Shaykh : Some scholars say, as Khalid said, that neither party has the right to annul the marriage, because if he says, "I will annul the marriage because of your defect," she would say, "You are just like me," right? And some scholars say: No, they do have the right to annul the marriage, because a person is repelled by the defect of another but is not repelled by his own defect. And this is correct. That is, for example, you cannot perform istinja' (cleaning oneself after relieving oneself) for a man, can you? But you do it for yourself with ease and do not see anything wrong with it.
The student: ...
The Shaykh : Huh?
The student: ...
The Shaykh : Now, does she have the right to annul the marriage?
The student: She?
The Shaykh : She or he?
The student: Neither of them has the right to annul the marriage because they are equal in this regard.
The Shaykh : Yes, and what do you say?
The student: ...
The Shaykh : Some scholars say, as Khalid said, that neither party has the right to annul the marriage, because if he says, "I will annul the marriage because of your defect," she would say, "You are just like me," right? And some scholars say: No, they do have the right to annul the marriage, because a person is repelled by the defect of another but is not repelled by his own defect. And this is correct. That is, for example, you cannot perform istinja' (cleaning oneself after relieving oneself) for a man, can you? But you do it for yourself with ease and do not see anything wrong with it.