Does a party retain the right of option (Khiyar) if they possess a defect and find a corresponding defect in the other party?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If one party possesses a defect and finds a defect of a different type in the other party, such as a leprous man finding a woman insane or afflicted with severe leprosy, each party possesses the option (Khiyar) due to the existence of the cause for rescission. An exception exists: if a eunuch finds the woman to be 'ratqa' (imperforate), the option should not be established for either party, because the defect of the first party is not the impediment preventing the other from enjoyment; rather, the impediment is due to their own defect.
Supporting text
If one party finds a defect in the other party that is identical to their own defect, there are two views. The first view states that neither party has the option because they are equal, and neither has an advantage over the other, resembling two sound individuals. The second view states that the option remains because the cause for option exists, similar to the case where a castrated male finds a female slave with a defect.