dower, and he does not return for it; because he consented to the obligation of half the dower, so he does not return against anyone. If she dies or he dies before learning of the defect, she is entitled to the full dower, and he does not return against anyone; because the reason for the return is the annulment, which did not occur, and here the dower was confirmed upon death, so he does not return for it.

1182 - Issue; He said: (And she has no housing, nor maintenance; because housing and maintenance are only due to a woman for whom her husband has the right of return).

And it is only such because she becomes separate through annulment, just as she becomes separate through a triple divorce, and her husband does not have the right of return against her, so neither housing nor maintenance are due to her; due to the statement of the Messenger of Allah (peace and blessings of Allah be upon him) to Fatimah bint Qays: "Housing and maintenance are only for a woman if her husband has the right of return against her." Narrated by al-Nasa'i. This is if she was not pregnant; if she were pregnant, then she has maintenance, because she is a woman separated from a valid marriage during the time of her pregnancy, so she is entitled to maintenance like one who is thrice-divorced or one who has undergone khul'. Regarding housing, there are two narrations. The Qadi said: She has no maintenance if she is pregnant, in one of the two opinions; [because she is separated from an invalid marriage. Likewise said the companions of al-Shafi'i, in one of the two opinions], and in the other: She has maintenance; because maintenance is for the fetus, and the fetus is attributed to him, and they based this on the fact that the marriage is invalid, whereas we have already explained its validity previously.

Section: It is not for the guardian of a minor boy, a minor girl, or the master of a slave girl to marry them off to someone who has one of these defects; because he is a supervisor for them regarding what is in their interest, and there is no interest for them in this contract. If he marries them off while knowing of the defect, the marriage is not valid; because he entered into a contract for them that is not permissible to contract, so it is not valid, just as if he sold his property without benefit or necessity. If he does not know of the defect, it is valid, just as if he bought something defective for them without knowing its defect, and he is obligated to annul it when he knows; because he is obligated to oversee what is in their interest, and the interest lies in the annulment. It is possible that the marriage is not valid; because he married them off to someone he has no authority to marry them to, so it is not valid, just as if he married them off to someone who is unlawful for them.