Chapter on Cases in Which Marriage is Invalidated

Muhammad ibn Muslim asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام about a man who married a woman from a family and later found her to be one-eyed, but they had not disclosed this to him. Does he have the right to return her? Imam عليه السلام said: "He cannot return her. Marriage can only be annulled for reasons of insanity, leprosy, and vitiligo." I said: What if he has already consummated the marriage with her? What should he do then? He عليه السلام said: "She is entitled to her dowry for what has been made lawful to him from her private parts. However her guardian, who married her off, must compensate him with an amount equal to what he paid as dowry."

Abd al-Hamid narrated from Muhammad ibn Muslim, who said: Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام said: "A blind woman, a woman with vitiligo, a woman with leprosy, and a lame woman can be returned (marriage contract can be annulled due to these conditions)."

Hammad narrated from Al-Halabi, from Abu Abdillah عليه السلام, who said regarding a man who marries into a family and finds that his wife is one-eyed, and they did not disclose this to him: "She cannot be returned. Only marriage can be annulled due to vitiligo, leprosy, insanity, or defects of the genitalia (impairing intimacy)." I asked: "What if he has already consummated the marriage? What happens to her dowry?" Imam عليه السلام replied: "The dowry is hers because he has made lawful what was private to her. Her guardian who arranged the marriage must compensate him with an amount equal to what he gave as dowry."

Al-Hasan ibn Mahbub narrated from Al-Hasan ibn Salih, who said: I asked Abu Abdillah عليه السلام about a man who married a woman and later found her to have a genital defect (imperforation or obstruction). Imam عليه السلام said: "Such a woman cannot conceive and should be returned to her family." I said: What if he had already consummated the marriage with her? Imam عليه السلام said: "If he knew about the defect before having relations with her and still proceeded, then he has accepted her. However, if he only discovered it after consummating the marriage, then he has the choice to either keep her or return her to her family. In either case, she is entitled to keep what he gave her for making her private parts lawful to him."