or when he marries her for a fixed term, or stipulates¹ in the contract that he will divorce her at a given time, or merely intends that inwardly; or when a non-resident marries with the resolve to divorce her once he departs; or when he suspends the marriage on a condition such as, “I marry you when the first of the month arrives,”² or “if her mother approves,”³ or “should my wife bear a daughter, I marry you to myself.”

The second kind does not nullify the marriage—such as when he stipulates⁴ that she will have no dowry, or⁵ no maintenance; or that he will allocate to her more nights than to her co-wife, or fewer; or that if he divorces her he may reclaim whatever he has spent on her. In all these cases the marriage is valid, but the stipulation itself is void.

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If he stipulates that she be Muslim and she turns out to be from the People of the Book, or that she be a virgin, or⁶ beautiful, or of noble lineage, or if he stipulates that she be free of defects and she is later found otherwise, he may either uphold the marriage or annul it. He has no such option, however, if he stipulated an inferior status and she proved to be superior.

If a woman marries a man thinking him free and he is later discovered to be a slave, she likewise has the choice to confirm or annul the union.

Should she stipulate a certain quality in him and he turns out to be less than that, she has no right to dissolve the marriage.

A woman who is fully emancipated while still married to a husband who is himself entirely a slave acquires the unilateral right to annul the marriage without any judicial ruling⁷.