Section
[Defects Affecting the Marriage]

The option of annulment (khiyār) is established by jabb (1) (castration) when nothing remains with which intercourse is possible, and by ʿinnah (impotence). In the case of impotence the husband is granted a respite of one full lunar year from the date the spouses appear before a judge; if he consummates during that period the marriage stands, otherwise she may annul it. If the wife herself acknowledges that he has already had intercourse, he is not deemed impotent, just as her explicit acceptance of his impotence removes the option.

The same right applies to ratq (complete vaginal occlusion), qarn (a horn-like barrier in the vagina), ʿafal, fatq (2) (inguinal hernia), urinary incontinence, fecal incontinence, qurūḥ (3) (running sores) of the genital area, as well as basūr and nāsūr (4) (hemorrhoids and anal fistula); and likewise to insanity—even for a single hour—leprosy, or vitiligo, whether the defect arose after the contract or the other spouse suffers from the same defect.

Whoever displays any sign of satisfaction thereby forfeits the option.

Annulment in these cases is valid only through a judge. If it occurs before consummation no dowry is due; if after consummation she is entitled to the named dowry, which the husband may reclaim from the deceiver, should one be found.

A minor girl, a woman of unsound mind, or a slave-woman may not be married to a man afflicted with a defect that warrants annulment, even though an adult free woman might choose to accept it.