If a man finds a defect in his wife and annuls the marriage, then wants to return to her?
Machine translationRead the Arabic original
The questioner : May Allah forgive you. If a man finds a defect in his wife, and she does not appear to be aware of the defect, we say that he has no claim.
The Shaykh : If neither she nor her guardian knew?
The questioner : Well, if he goes back on his words and says, "I did not..."
The Shaykh : How?
The questioner : He went back on the divorce.
The Shaykh : How?
The questioner : Meaning, he is poor and cannot afford to marry a second time.
The Shaykh : And what did he say?
The questioner : He wants to take his wife back a second time.
The Shaykh : Yes, meaning after he annulled it, after he annulled it. We say that if his intention was to annul the marriage based on the expectation that he would receive the mahr, then there is no annulment. This is like if he divorced based on something, and it turned out to be otherwise, then there is no divorce. Where is Shaybah?
The student: Yes.
The Shaykh : Where are the books?
The student: They are here, O Shaykh.
The Shaykh : Let's go.
The questioner : Shaykh?
The Shaykh : Yes.
The questioner : I say, may Allah reward you: If she claims that she did not know about the defect, but she has no proof of this, I say she has no proof.
The Shaykh : If the reality contradicts her, then her statement is not accepted.
The questioner : ... she did not find out about it.
The Shaykh : She did not find out about it, she did not know.
The questioner : But she has no proof.
The Shaykh : Huh?
The questioner : She has no proof, and the Prophet (peace and blessings be upon him) said:.
The Shaykh : Yes, but the original state is lack of knowledge. We have a principle. If the husband claims that she was aware, he is the claimant, because the claimant is the one who claims against the original state. Yes, yes?
The Shaykh : If neither she nor her guardian knew?
The questioner : Well, if he goes back on his words and says, "I did not..."
The Shaykh : How?
The questioner : He went back on the divorce.
The Shaykh : How?
The questioner : Meaning, he is poor and cannot afford to marry a second time.
The Shaykh : And what did he say?
The questioner : He wants to take his wife back a second time.
The Shaykh : Yes, meaning after he annulled it, after he annulled it. We say that if his intention was to annul the marriage based on the expectation that he would receive the mahr, then there is no annulment. This is like if he divorced based on something, and it turned out to be otherwise, then there is no divorce. Where is Shaybah?
The student: Yes.
The Shaykh : Where are the books?
The student: They are here, O Shaykh.
The Shaykh : Let's go.
The questioner : Shaykh?
The Shaykh : Yes.
The questioner : I say, may Allah reward you: If she claims that she did not know about the defect, but she has no proof of this, I say she has no proof.
The Shaykh : If the reality contradicts her, then her statement is not accepted.
The questioner : ... she did not find out about it.
The Shaykh : She did not find out about it, she did not know.
The questioner : But she has no proof.
The Shaykh : Huh?
The questioner : She has no proof, and the Prophet (peace and blessings be upon him) said:
The proof is upon the claimant
البينة على المدعيThe Shaykh : Yes, but the original state is lack of knowledge. We have a principle. If the husband claims that she was aware, he is the claimant, because the claimant is the one who claims against the original state. Yes, yes?