Hadith 865
اُردوEn
وعن سعيد بن المسيب أن عمر بن الخطاب رضي الله عنه قال : أيما رجل تزوج امرأة ، فدخل بها ، فوجدها برصاء ، أو مجنونة ، أو مجذومة ، فلها الصداق بمسيسه إياها ، وهو له على من غره منها. أخرجه سعيد بن منصور ومالك وابن أبي شيبة ورجاله ثقات. وروى سعيد أيضا عن علي نحوه وزاد : أو بها قرن ، فزوجها بالخيار ، فإن مسها فلها المهر بما استحل من فرجها.
Narrated Sa'id bin al-Musaiyab: 'Umar bin al-Khattab (RA) said: "If any man married a woman and after sleeping with her finds that she is affected with leprosy or insane, she gets her dowry (if he divorces her) for having intercourse with her, and it is returned to him from the one who has deceived him with her." [Sa'id bin Mansur, Malik and Ibn Abu Shaibah reported it. It's narrated are reliable (thiqah)]. Sa'id (bin Mansur) also reported something similar from 'Ali (RA) and added: "And (if) she has something like a horn (Qarn) (coming out of her vagina), her husband then has the right to divorce her or keep her. And if he had intercourse with her, she gets her dowry for the intercourse her husband has had."
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه مالك في الموطأ:2 /526، وابن أبي شيبة:4 /175، وسعيد بن منصور.»©Explanation:
➊ From this narration, it is understood that if a woman is insane, or afflicted with the contagious diseases of leprosy or vitiligo, or suffers from any other chronic illness, and her guardian or representative marries her off to a man without disclosing her defect, then that man has the right to annul the marriage.
Similarly, if a woman is married to a man who is afflicted with a contagious disease or has any other dangerous defect, then the woman also has the right to annul the marriage.
➋ It is also understood from this that if a man, due to deception, does not wish to keep the woman given to him in marriage, then the obligation of paying the dower (mahr) is an undue burden upon him, and if the woman does not receive the mahr, it is an infringement of her right.
On this basis, the burden of paying the rightful dower (mahr) will be placed upon the person who incited the man to marry that woman and, despite knowing of the woman's defects, did not inform the man, because he has knowingly committed deception.
«أخرجه مالك في الموطأ:2 /526، وابن أبي شيبة:4 /175، وسعيد بن منصور.»©Explanation:
➊ From this narration, it is understood that if a woman is insane, or afflicted with the contagious diseases of leprosy or vitiligo, or suffers from any other chronic illness, and her guardian or representative marries her off to a man without disclosing her defect, then that man has the right to annul the marriage.
Similarly, if a woman is married to a man who is afflicted with a contagious disease or has any other dangerous defect, then the woman also has the right to annul the marriage.
➋ It is also understood from this that if a man, due to deception, does not wish to keep the woman given to him in marriage, then the obligation of paying the dower (mahr) is an undue burden upon him, and if the woman does not receive the mahr, it is an infringement of her right.
On this basis, the burden of paying the rightful dower (mahr) will be placed upon the person who incited the man to marry that woman and, despite knowing of the woman's defects, did not inform the man, because he has knowingly committed deception.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 865
