To confine the matter to two, three, four, five, six, seven, or eight defects—while ignoring others that are more serious or at least of equal gravity—has no sound basis. Blindness, muteness, deafness, or a woman whose hands and feet, or even just one of them, have been amputated are among the greatest causes of aversion. Concealing such conditions is one of the most reprehensible forms of deception and fraud, and it contradicts the dictates of religion. This was the position of Sufyān al-Thawrī, Shurayḥ, and Abū Thawr, and it is, God willing, the correct view.
9 – If a defect becomes known only after consummation or a valid seclusion, the wife is entitled to the dowry, as the two hadiths explicitly state, because it became binding through intercourse. The Prophet said, “by virtue of his having touched her,” and, “If he has touched her, she is entitled to the bridal-gift for what he has made lawful of her private part.” The husband may then recover that amount from whoever deceived him about the defect.
10 – Annulment on account of a defect is subject to the following conditions:
First: The interested party must request it and lodge the claim, for the right belongs to that person alone; the marriage is not annulled unless he or she seeks it.
Second: Because annulment for defects is a point of scholarly disagreement, it may be considered and decided only by a judge.
Third: The defect must be established by one of the recognized means of proof.
Fourth: If impotence (ʿunna) is confirmed in the husband, he is granted a full lunar year so that the four seasons pass over him; if the year elapses and the impotence remains, it is deemed congenital and the marriage is annulled.