Does a woman gain the right to annulment (Khiyar) immediately upon being freed if she was previously insane or a minor?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If an insane woman or a minor girl is emancipated, neither has the right to annulment immediately. This is because neither possesses sound judgment (Aql) nor a considered opinion, and their guardians cannot exercise the option on their behalf. This right pertains to matters of desire (Shahwa), which do not fall under guardianship, similar to retribution (Qisas). The right to choose arises only when the minor reaches maturity or the insane woman regains sanity, as they then possess the capacity to exercise that right. This situation is analogous to cases where a defect in the spouse necessitates dissolution of the marriage.
Supporting text
If their spouses had consummated the marriage before they gained capacity, the apparent position of Al-Khiraqi states they lose the right to annulment because the duration for the option has expired.