What should a husband do if he discovers after marriage physical defects in his wife that she did not disclose previously, and that prevent him from marital intimacy, especially after failed attempts at treatment, knowing that this was the cause of her first divorce?
It is advisable to be patient and not rush if the wife's flaws are remediable and do not prevent enjoyment, based on the Prophet's (PBUH) saying: "Indeed, Allah loves gentleness in all matters," and Allah's (SWT) saying: "And perhaps you dislike a thing and it is good for you." If the flaws are difficult to remedy and the husband does not wish to stay with her, then he should divorce her kindly, as stated in Allah's (SWT) saying: "Retention with benevolence or release with kindness." However, if the flaws permit annulment and he did not accept them after becoming aware of them and was deceived, then he may refer the matter to the court and request annulment and the return of the dowry.
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- Ftawy
- Original fatwa ID
- 67248
- Imported
- Translation status
- Source text, unreviewed
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