al-Shāfiʿī and others.

Another view holds that it is impermissible except out of necessity. This is the well-known position reported from Ahmad. The husband retains the option to annul the marriage so long as he has not indicated acceptance by word or deed. If he then has intercourse with her, he no longer has that option, unless he claims ignorance. Whether he retains the option in that case is a matter of well-known disagreement; the stronger view is that he does have the right to annulment. And Allah knows best.

He—may Allah have mercy on him—was asked:

A man married a woman on the understanding that she was a virgin, but she turned out not to be. Is he entitled to annul the marriage and seek reimbursement from whoever deceived him?

He replied:

He is entitled to annul the marriage and may claim a proportionate reduction in the bridal dower, based on the difference between the customary dower of a virgin and that of a non-virgin. The stipulated dower is reduced accordingly. If he annuls the marriage before consummation, no dower is due. And Allah knows best.