Liability of the guardian (wali) for the dower when the wife has a hidden defect.
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If the guardian knew of the defect that constituted the deception, he is liable (ghurim) for the dower. If the guardian did not know of the defect, the deception originates from the wife, and the husband recovers the entire dower from her. Al-Zuhri and Qatadah stated that if the guardian knew, he pays; otherwise, he swears by Allah the Great that he did not know, and the responsibility remains with the husband.
Supporting text
Al-Qadi stated that if the guardian is the father, grandfather, or someone permitted to see the bride, the deception is attributed to him whether he knew or not. If the guardian was someone not permitted to see her, like a paternal cousin or a freed slave (mawla), he is liable only if he knew. If he denies knowledge and no witness testifies to his admission, his word is accepted with his oath, and the husband recovers the entire dower from the wife.