Does the husband have the option to annul the marriage when he discovers his wife, whom he believed to be free, is actually a slave?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The husband has the option to annul the marriage because one of the spouses deceived the other regarding the free status of the wife. This establishes the option for him, just as it would for the wife. While parity (*Kafa'ah*) is not considered regarding the wife, there is a significant detriment to him in having his offspring be slaves and his wife remaining a slave, which is greater than the absence of parity. Divorce mitigates this harm by nullifying half of the agreed-upon dower (*mahr*), whereas annulment invalidates the entire amount. If the annulment occurs before consummation, no dower is due.
Supporting text
Abu Hanifa holds that the husband has no option, as parity is not considered concerning the wife since he possesses the right to divorce.