What is the requirement for the act of deception ('Ghurur) to obligate reimbursement?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The correct view is that reimbursement is established based on any information or indication provided by the deceiver that led the husband to believe the woman was free, upon which he proceeded with the marriage contract and paid the dowry appropriate for a free woman. The companions who ruled on reimbursement did not differentiate between types of deception, implying a general rule.
Supporting text
Al-Qadi mentioned that the deception necessitating nullification must involve an explicit condition of freedom stipulated concurrent with the contract (e.g., 'I marry you on the condition that she is free'). If the condition was not explicit in the contract, annulment is not permitted. This view is held by Al-Shafi'i. The sound opinion contradicts this, arguing that such a strict requirement is unlikely given the context of early rulings and the fact that deception can arise solely from the woman's verbal representation or circumstantial evidence without a formal contractual stipulation.