last long, and that it was subsequently forbidden. Thereafter the early and later scholars were unanimous in declaring it unlawful, apart from a fringe group of Rāfiḍites whose view carries no weight.
- Defective conditions that do not invalidate the marriage
If, within the marriage contract, a party stipulates the surrender of one of the wife’s rights—such as stipulating that she will have no bridal-gift, no maintenance, or that she will receive a smaller share of nights than her co-wife—the stipulation itself is void, yet the marriage remains valid. The condition pertains to something ancillary to the contract; its mention is not required, and ignorance of it is not harmful.
Likewise, if he stipulates that she be Muslim and she is later found to be a scripturary (Jewish or Christian), the marriage stands, and he holds the option to annul.
The same applies when he stipulates that she be a virgin, or beautiful, or of noble lineage, and she turns out otherwise: he may annul because the condition he imposed has failed.
Similarly, if he marries a woman on the assumption that she is free but she proves to be a slave, then—should he belong to those for whom marrying slave women is impermissible—they are separated; otherwise, he may choose to keep the marriage or annul it.
In the same vein, if a woman marries a man believing him to be free and discovers that he is a slave, she has the choice. And when a slave woman is emancipated while married to a slave man, she likewise has the option, for when Barīrah was set free while married to a slave she chose separation, as reported by al-Bukhārī and others.