What is the ruling when spouses disagree on the existence of a physical defect permitting dissolution?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If there is a dispute regarding a defect such as vitiligo or signs of leprosy, and the claimant provides testimony from trustworthy experts confirming the defect, the claimant's statement is established. Otherwise, the denier must take an oath, and the ruling is in the denier's favor, based on the Prophetic saying: 'But the oath belongs to the one against whom the claim is made.' When spouses disagree about female defects, the woman is examined by trustworthy women, and the testimony of a single woman is accepted. If she testifies in agreement with the husband, the ruling is against him; otherwise, the woman's statement prevails.
Supporting text
If there is disagreement concerning emasculation (*jubb*), the ruling is in the woman's favor because the potential for intercourse is weakened by the injury, and the presumption is the absence of intercourse. However, another view suggests the ruling favors the husband, similar to a dispute over impotence, because he possesses a remnant capable of effecting intercourse, akin to a man with a short penis.