Are there other defects besides the eight established ones that permit dissolution?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
Dissolution is not established for defects other than those mentioned because they do not prevent the intended enjoyment of the marriage contract, nor is there fear of contagion. Examples of such defects that do not permit dissolution are blindness, lameness, or amputation of limbs. Dissolution is established only by explicit text, consensus, or valid analogy, and there is no basis for analogy with the established defects. There is no known disagreement among scholars on this point.
Supporting text
Abu Bakr and Abu Hafs stated that if one spouse incontinently loses control of their urine or feces, the other spouse has the option to dissolve. Abu Al-Khattab extends this to include a person with hemorrhoids, a recto-vaginal fistula, or discharging sores in the vagina, as these cause aversion and their impurity may spread. Those who cannot retain feces are called *Sharim*, and those who cannot retain urine are called *Mashula*; a similar condition in men is called *Afeen*. Abu Hafs stated that castration (*khisa'*) is a defect permitting dissolution, a view held by one position of Al-Shafi'i, because it involves deficiency, disgrace, and impairs or prevents intercourse. A tradition involving 'Umar confirms the choice for the wife when the husband was found to be a eunuch. There are two related opinions on fetor (halitosis or vaginal odor, *bahr* or *bukh*) and whether having an intersex person (*khuntha*) permits dissolution, as these involve aversion, deficiency, and disgrace. Fetid breath prevents proximity unless done under duress.