is correct: we do not need to go to a judge except in the event of a dispute. In that case, we need the judge to resolve the disagreement. But if the two spouses agree to it, there is no need for a judge. Thus, for example, she may say, “I annul my marriage to my husband because of his defect,” or he may say, “I annul my marriage to my wife, so-and-so, because of her defect.” There is no need to go to the courts. This view is even stronger in our time, because access to the courts is difficult.
Once the annulment has taken place, if it is after seclusion or consummation, she must observe a waiting period. If it occurs before that, however, she does not have to observe a waiting period, because no waiting period is required for any separation between spouses that occurs before seclusion.
“If it is before consummation, then there is no dowry, …”
His statement, “If it is before consummation, then there is no dowry,” means that if the annulment takes place before consummation, the wife is entitled to no dowry, whether the defect is in him or in her. If the defect is in her, it is clear why she is not entitled to a dowry. For example, a man contracts marriage with a woman, and before consummating the marriage, it becomes clear that she has a defect, so he annuls the contract. She is then entitled to no dowry because she deceived and misled him; she was the one who deceived the husband.
If the defect is in the husband and she seeks annulment because of his defect, the author says that she is entitled to no dowry, since the separation came from her side: she was the one who requested the annulment.
The correct view is that if the defect is in the husband and the annulment occurs before consummation, she is entitled to half the dowry, because the husband is the cause. How can we treat this deceptive, fraudulent man in a way that serves his own interest?!
As for their statement that the separation came from her side because she was the one who requested the annulment, we say: she did not request annulment out of personal desire or for her own interest, but because of