وریز وجوهات
اللّهم صلّ علي علي بن موسي الّرضا المرتضي الامام التّقيّ النّقيّ و حجتك علی من فوق الارض و من تحت الثّری الصدّيق الشّهيد صلوةً كثيرةً تآمّةً زاكيةً متواصلةً متواترةً مترادفة كافضل ما صلّيت علی احدٍ من اوليائك     اگر انسان در سخن...
شنبه: 28 / 05 / 1396 ( )

Deficiencies provided which husband or wife can nullify Nikah

 

2389. If the husband comes to know after Nikah that his wife had any one of the following seven deficiencies, he can annul the marriage, provided, that she had those deficiencies before the time of Nikah:

1. Insanity

 

2. Leprosy
3. Leukoderma
4. Blindness
5. Being crippled
6. Suffering from Ifdha – meaning that her urinary and menstrual track have been one, or her menstrual passage and rectum have been one
7. Presence of flesh or a bone in the woman's uterus, which may obstruct sexual intercourse.

2390. A woman can annul the Nikah in the following cases, without obtaining divorce:

1. If she comes to know after the Nikah, that the husband was insane at the time of Nikah
2. If he becomes insane after the Nikah
3. If she comes to know that her husband has no male organ.
4. If he suffers from a disease which disables him from sexual intercourse, even if that these two disease was contracted after the Nikah, and before the sexual intercourse.
5. If she finds out that at the time of Nikah, the husband had been castrated, and things are misrepresented to her.

However, if the husband is incapable of sexual intercourse, and she wishes to annul the marriage, it will be necessary for her to approach the Mujtahid, who may allow the husband a period of one year, and if it is found that he was not able to have sexual intercourse with her or with any other woman, the wife can annul the marriage.

2391. If husband or wife nullify the marriage due to above mentioned deficiencies, they should separate from each other without obtaining divorce.

2392. If the wife annuls the marriage because of the husband’s inability to have sexual intercourse, the husband should give her half of her Mahr. But, if the man or the wife annuls the marriage because of one of the other deficiencies enumerated above, if the marriage was consummated, he should pay her full Mahr and if the marriage has not been consummated, he will not be liable for anything. 

 

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