What is the ruling if a man stipulates a condition for marriage that turns out to be better than reality?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If a man stipulates a condition for marriage (such as her being a slave), and she turns out to be free, or he stipulates she is of a certain lineage, and she turns out to be of a nobler lineage, or he stipulates a low attribute, and she turns out to be better than stipulated, or he stipulates she is a disbeliever, and she turns out to be a Muslim, he does not have the option to annul the marriage because this constitutes an increase or an addition (ziyada) to what was agreed upon, which is favorable.
Supporting text
Abu Bakr holds that the husband has the option if the woman turns out to be a Muslim, based on the possibility that the husband had a specific interest in her not being obligated to perform religious duties. However, the former view is stronger.