there are two views: One, the dower of a similar woman (mahr al-mithl). Second, two-fifths. Is he entitled to seek recourse for it? There are two views.

Section: If he stipulates that she is Muslim, and she turns out to be a disbeliever, he has the option; because this is a deficiency and harm that extends to the child, so it resembles the case where he stipulates she is free and she turns out to be a slave.

Section: If he stipulates that she is a virgin, and she turns out to be non-virgin (thayyib), there is a statement from Ahmad that allows for two possibilities: One, he has no option; because a marriage is not rescinded for a defect other than eight specific defects, so it is not rescinded due to non-fulfillment of a condition. Second, he has the option; because he stipulated a desired quality and the opposite appeared, so the option is established for him, just as if he had stipulated freedom. Based on this, if he stipulates she is of high lineage and she turns out otherwise, or he stipulates she is fair-skinned and she turns out dark-skinned, or he stipulates she is tall and she turns out short, or beautiful and she turns out ugly, two views are derived in all of these cases. The Madhhab of al-Shafi'i is similar to this. Abu Thawr said: The analogy is that he has the right of rejection if there is a difference of opinion, but if there is consensus, then the consensus is preferred over speculation. Ibn al-Mundhir said: I do not know anyone who agreed with Abu Thawr on his assertion. Among those who imposed the [liability] of one with such qualities upon the husband are al-Thawri, al-Shafi'i, Ahmad, Ishaq, and the People of Opinion (Ashab al-Ra'y). Al-Zuhri narrated that a man married a woman and did not find her to be a virgin, as menstruation had ruptured her hymen. Aisha sent word to him: 'Menstruation certainly removes the hymen.' From al-Hasan, al-Sha'bi, and Ibrahim, regarding the man who does not find his wife to be a virgin: There is nothing upon him; the hymen is removed by jumping, excessive menstruation, [prolonged] spinsterhood, and heavy lifting. And Allah knows best.