877 – Saʿīd ibn al-Musayyib reported that ʿUmar ibn al-Khaṭṭāb (Allah be pleased with him) said: “If a man marries a woman, consummates the marriage with her, and then discovers that she is barṣāʾ (suffering from vitiligo), or insane, or leprous, the dowry is hers because he has had intercourse with her, while he may seek redress from whoever misled him about her.” It was recorded by Saʿīd ibn Manṣūr, Mālik, and Ibn Abī Shaybah, and its transmitters are reliable. (1)

Saʿīd also transmitted, on the authority of ʿAlī (Allah be pleased with him), a similar report with the addition: “and if she is qurun (possessing a vaginal obstruction), her husband has the choice. If he nevertheless has intercourse with her, she is entitled to the full dowry for what he has lawfully enjoyed of her.” (2)

Through another chain Saʿīd ibn al-Musayyib likewise said: “ʿUmar (Allah be pleased with him) ruled regarding an impotent husband that he is to be given a year’s reprieve,” and its transmitters are reliable. (3)

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Grade of the report:
Al-Ḥāfiẓ stated: its transmitters are trustworthy, though it is mawqūf, stopping at ʿUmar (Allah be pleased with him).
It was also reported by Mālik, al-Dāraqutnī, Ibn Abī Shaybah, and al-Bayhaqī through the route of Yaḥyā ibn Saʿīd from Saʿīd ibn al-Musayyib, who said: “ʿUmar said …,” and its transmitters are trustworthy—the same narrators relied on by the two Shaykhs—yet there is a break in the chain between Saʿīd ibn al-Musayyib (Allah have mercy on him) and ʿUmar ibn al-Khaṭṭāb (Allah be pleased with him).
As for the report attributed to ʿAlī, its transmitters are trustworthy, except that al-Shaʿbī did not hear