afterwards, then she has that right. The Qadi mentioned that it is on an immediate basis (fawran). This is the school of al-Shafi'i. Whenever one delays the annulment despite having knowledge and the possibility, the option lapses, because it is an option of return (radd) due to a defect, so it must be immediate, like that which is in a sale. Our argument is that it is an option to repel a certain harm, so it is on a non-immediate basis (tarakhi), like the option of retaliation (qisas). The option of defect in sold goods prevents it, but the difference between them is that the harm in sold goods is not certain, as the intent might be its monetary value or its service, and that is achieved even with its defect. Here, however, the intent is enjoyment, and that is lost by its defect. As for the options of the coerced (mujbara), preemption (shuf'a), and the assembly (majlis), it is to repel a harm that is not certain.

Section: The annulment requires the ruling of a judge because it is a matter of ijtihad; it is like the annulment due to impotence (unna) and the annulment due to inability to provide maintenance (nafaqa). It differs from the option of the emancipated woman (mu'taqa), for that is a matter agreed upon.

1181 - Issue: He said: "And if he annuls before consummation, there is no dower; and if it is after it, and he claims that he did not know, he shall take an oath, and he has the right to annul, and he is liable for the dower, [but] he may seek restitution from the one who deceived him."

The discussion regarding this issue is in four sections:

First: That if the annulment occurs before consummation, she has no dower against him, whether the annulment is from the husband or the wife. This is the statement of al-Shafi'i. If the annulment is from her, the separation is from her side, so her dower lapses, just as if she annulled it due to his wife's breastfeeding of another. If it is from him, he only annulled it due to a defect in her that she committed fraud by concealing, so the annulment becomes as if it were from her. If it is said: Why did you not make her annulment due to his defect...