her guardian—especially if it is slight. Is anyone liable?

No one is liable, and the husband is told: “This is a deficiency that Allah has decreed for you.” This is why the author restricted it by saying, “if there is one,” meaning: if there is a deceiver. This indicates that there may be no deceiver at all—neither the woman nor her guardian.

However, by analogy with their discussion of defects in sales, the husband’s right should not be forfeited; he must have recourse, either against the guardian if he knew, or against the wife in all cases. This is because if a seller sells an item containing a defect of which he was unaware, the buyer has recourse. The issue requires further careful analysis.

There are four cases:

Either the deception comes from the woman alone, from the guardian alone, from both of them, or from neither of them.

If it comes from neither of them, the dowry is not returned to him, because he was not deceived and he lawfully enjoyed marital relations by virtue of a valid contract.

If it comes from her alone, and not from her guardian, then she alone is liable.

If it comes from her guardian and not from her, then the guardian is liable.

If it comes from both her and her guardian, then the stronger view is that the guardian is liable.

Issue: Suppose the husband says, “I do not wish to annul the marriage; I want to keep the woman, but I want you to assess the deficiency.” Her dowry, if she were free of defects, would be ten thousand riyals, whereas her dowry with this defect would be eight thousand riyals. The deficiency is therefore one-fifth. We say regarding matters of valuation—whether here, in defects in sales, or in leasing—that the deficiency is assessed proportionally. According to the madhhab in this matter, he has no option: either he returns her and receives the dowry in full, or he