Thus, the marriage may be annulled for any of the defects listed above and for no others, not even for things such as being one-eyed, lame1, the loss of a hand or a foot, total blindness, muteness, or deafness.

Section

The option of annulment is not established for a defect that has disappeared after the contract, nor for a party who knew of the defect at the time2 the contract was concluded.

The right to annul may be exercised without time-limit; in the case of impotence it is forfeited only if she says, “I am content,” or if she herself admits that he has had intercourse with her in her vagina. For defects other than impotence, the right is lost by explicit consent as well as3 by any conduct that indicates acceptance—such as intercourse or permitting it—while aware of the defect.

Neither this form of annulment nor rescission based on a stipulated option is valid without the decision of a judge4.

If annulment takes place before consummation, no dowry is due. After consummation or a valid seclusion (khalwa), the stipulated dowry becomes binding, and the injured party may recover it from the one who perpetrated the deception.

If the separation occurs by some means other than annulment—such as death or divorce—no recovery is permitted.

A guardian may not marry off a minor, an insane person, or a slave to someone with a defect. Should he do so while knowing of the defect, the contract is invalid; if he was unaware, the contract stands, but he must annul it once he learns of the defect.