“So-and-so who used to be insane in the marketplace,” or the same may be said of a man; this brings a kind of disgrace upon him.
As for leprosy, I do not think it can be cured, so it is a defect that establishes a right of annulment in every case. Elephantiasis likewise cannot be cured. We ask Allah for well-being.
Defects other than these do not establish a right of annulment. Blindness is not deemed a defect; deafness is not deemed a defect; muteness is not deemed a defect; lameness is not deemed a defect; nor is the loss of a leg or hand deemed a defect. Apply the same reasoning to similar cases. Thus, if a man marries a woman who is blind, mute, deaf, missing a hand, lame in one leg, or elderly, none of this is considered a defect. If he says, “I paid a great deal of money,” they reply, “Why did you not stipulate that she be free of these defects? Why did you not say at the time of the contract: on condition that she can see, hear, and speak, that she is not lame and does not have a severed hand, and so on?” None of these defects establishes a right of annulment. Therefore, one must stipulate their absence at the time of the contract; if one does not, then one takes the risk: if he finds her sound, then well and good; otherwise, he has no option of annulment. This is the view adopted by the jurists.
However, this view is open to question. The correct view is that a defect is anything that prevents the purposes of marriage from being fulfilled. Undoubtedly, among the most important purposes of marriage are sexual enjoyment, service, and procreation. Thus, whatever prevents these is a defect. Accordingly, if he finds his wife infertile, or she finds him infertile, that is a defect. If he finds her blind, that is a defect, because it prevents two of the purposes of marriage: sexual enjoyment and service. If he finds her deaf, that too is a defect; likewise, if he finds her mute, that is a defect. But if he finds that she has no teeth while she is young and not elderly, this is not considered a defect, because it can be remedied,