𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (486)

Rights & Remedies Upon Discovering Defects After Marriage Question: What is the ruling on someone who deceived his daughter’s husband by not disclosing, before the marriage contract, that there is a hereditary disease in the family, and the marriage took place, resulting in children who inherited this very serious disease? Sheikh Najeeb Ash-Shar’abi ḥafidhahullāh: This is forbidden, and it falls under the warning of the Prophet ﷺ: ((من غشَّ فليس منا)) “Whoever deceives is not one of us.” It was incumbent upon the woman’s family to disclose any defect or issue to the suitor so that he could make an informed decision. If the husband learns of such a hidden defect before giving his consent or remaining silent, he has the right to annul the marriage. However, if he remains silent, consents, and continues to cohabit with the wife after learning of the defect, he no longer has the right to annul the marriage. Should he choose to divorce her, he must fulfill the rights due to a divorced woman, such as the dowry and any marital provisions. It is, however, recommended to exercise patience, especially if he has been blessed with children from the marriage. Allāh says: {وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ فَإِنْ كَرِهْتُمُوهُنَّ فَعَسَى أَنْ تَكْرَهُوا شَيْئًا وَيَجْعَلَ اللَّهُ فِيهِ خَيْرًا كَثِيرًا} “And live with them in kindness. For if you dislike them, perhaps you dislike a thing and Allah makes therein much good.” [An-Nisa: 19] As reported by Abu Hurairah (RA), the Prophet ﷺ said: ((لاَ يَفْرَكْ مُؤْمِنٌ مُؤْمِنَةً إِنْ كَرِهَ مِنْهَا خُلُقًا رَضِي مِنْهَا آخَرَ)). “No believing man should separate from a believing woman; if he dislikes some aspect of her character, he may be pleased with another aspect.” (Muslim, 1469) If he wishes to marry another woman and is able to do so while observing the rights of the first wife, this is permissible. Source: https://t.me/qweasdzxcmnblkjpoik/4117