What are the defects that permit the dissolution of marriage?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
The permissible defects for dissolution of marriage are eight, as mentioned by Al-Kharaqi. Three defects are common to both spouses: insanity (*junun*), leprosy (*judham*), and vitiligo (*baras*). Two defects are specific to the man: emasculation (*jubb*) and impotence (*innan*). Three defects are specific to the woman: rupture (*fatq*), bone growth in the vagina (*qarn*), and excessive fleshiness (*afl*). These defects permit dissolution because they prevent the intended enjoyment of marriage. For leprosy and vitiligo, aversion is aroused which prevents intimacy and there is fear of contagion to self and offspring. Insanity arouses aversion and its harm is feared. Emasculation and certain vaginal defects make intercourse impossible, and rupture prevents the pleasure and benefit of intercourse, as does *afl* according to one interpretation.
Supporting text
Al-Qadi states there are seven defects, treating *qarn* and *afl* as one, which is also defined as *ratq* (complete blockage of the vagina by flesh). This view is attributed to the People of Literature, Abu Bakr, and is mentioned by Shafi'i scholars. Al-Shafi'i states *qarn* is a bone in the vagina preventing intercourse, though others argue it is only flesh. Abu Hafs described *afl* as foam in the vagina preventing the pleasure of intercourse, implying it is a growing defect. Abu Al-Khattab defined *ratq* as the vagina being completely closed or adhered. He considered *qarn* and *afl* as types of flesh growing and blocking the passage, similar in meaning to *ratq* but a distinct type. Shafi'i scholars omit rupture (*fatq*), and some reduce the count to six by consolidating *qarn* and *afl*.