The primary and secondary rulings on the right to annul marriage in undocumented defects

Non-scriptural defects is a title that was raised among the jurists after the issuance of the covenant and the time of the Imams (peace be upon them), who considered the right to annul the marriage limited to a specific number of defects in the hadiths regarding the defects or incurable diseases. They did not consider this ruling for defects not mentioned in the hadiths, and because of this limitation, the "choice of breaching the implied condition of immunity from defects" was not binding in such defects, even though in other contracts they were binding after the defect occurred, as well as the "law of no harm". and without harm" in order to prevent one party from being lost or cheating and deceiving the other party, they considered it valid and allowed the right of annulment, but they did not pay attention to the same rule for annulment of marriage for faults not mentioned in the hadiths, although Other jurists had regard to these two rules even in cases of such defects; This discussion became serious when defects and diseases such as AIDS and hepatitis, which are contagious and dangerous, as well as cancer and advanced MS, were brought up, which were incurable and disrupted married life and caused harm to the other party. It happened that some contemporary jurists drew another way for the right of rescission, or there is another way that is placed on the path of ijtihad, to allow that, for example, a woman who does not have the right to divorce, When the husband is informed of a major defect or illness after the marriage, what should he do if he has the right to terminate the marriage directly without going to the court and the possibility or impossibility of divorce? In this research, proof or proof method is revealed.