Does the Shafi'i school hold that the arising of a defect in the husband or wife after marriage establishes the option for annulment?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
The companions of Al-Shafi'i hold that if the defect occurs in the husband, the option is established. If it occurs in the wife, the option is established according to one narration.
Supporting text
In another narration from the Shafi'i school, the option is not established if the defect occurs in the wife because the husband has the means of divorce, unlike the wife. Our position is that since both parties are equal when the defect was antecedent to the contract, they must be equal when it arises subsequently, similar to two contracting parties in a sale.