—both invalid—they distinguished between marriage and sale, and bound people to marriages to which they had not consented, even when they had made a valid stipulation, just as they bound a man to marriage with a woman who had a defect, although he had not consented to marrying a woman with a defect.

If it is asked, “Why, then, did he distinguish between genital defects and other defects?” the answer is:

It is well known that genital defects preventing intercourse are not ordinarily accepted, since intercourse is an intended purpose of marriage. This differs from complexion, tallness, shortness and similar characteristics on account of which a slave woman may be returned to her seller. A free woman is not inspected as a slave woman is, and the husband gave his consent without qualification; he had not stipulated a particular quality which she then proved to lack. If he did make such a stipulation, there are two views within the schools of al-Shāfi‘ī and Ahmad. The correct view is that he has the right to rescind the marriage. The same applies when the roles are reversed. This is Mālik’s position.

A stipulation is established either expressly or by custom. In a sale, custom indicates that the buyer has consented only to something free of defects. Likewise, in marriage, the husband has not consented to marrying someone with whom intercourse is impossible. Regarding a defect that impairs the fullness of intercourse without preventing intercourse itself, there are two views within Ahmad’s school and elsewhere. As for conditions that allow intercourse and its full enjoyment, people’s preferences cannot be defined by a fixed standard.

The Lawgiver has permitted—indeed, encouraged—a man to look at the woman he intends to marry, saying:

“When Allah places in the heart of any of you the desire to propose to a woman, let him look at her, for that is more likely to foster affection between them.”

He also said to a man who had proposed to a woman of the Ansār: “Look at her, for there is something about the eyes of the Ansār.”

His words, “more likely to foster affection between them,” indicate that if