Yahya related to me from Malik from Yahya ibn Said that Said ibnal-Musayyab had said that Umar ibn al-Khattab said, "If a man marriesa woman who is insane, or has leprosy or white leprosy, without beingtold of her condition by her guardian, and he has sexual relationswith her, she keeps her bride-price in its entirety. Her husband hasdamages against her guardian."Malik said, "The husband hasdamages against her guardian when the guardian is her father, brother,or one who is deemed to have knowledge of her condition. If theguardian who gives her in marriage is a nephew, a mawla or a member ofher tribe who is not deemed to have knowledge of her condition, thereare no damages against him, and the woman returns what she has takenof her bride-price, and the husband leaves her whatever amount isthought to be fair."
USC-MSA web (English) reference: Book 28, Hadith 9
Arabic reference: Book 28, Hadith 1102