Section
If a woman finds that her husband is emasculated, or that he has only what is insufficient for intercourse, she may annul the marriage. If his impotence is established by his admission, or by testimony to his admission, he is granted a year from the time she brings her case against him. If he has intercourse with her during that period, [the marriage remains]; otherwise, she may annul it. …
This section concerns defects in marriage. You should know that whatever prevents the husband or wife from attaining the purpose of marriage falls into two categories:
The first is the absence of a quality of perfection.
The second is the presence of a deficient quality.
For example, a wife’s good character, or a husband’s good character, generosity, easygoing nature, and the like: the absence of such qualities is the absence of a quality of perfection. It may prevent the woman from attaining her purpose and diminish the happiness of marriage. Whatever involves the absence of a quality of perfection does not give rise to an option, unless that quality was stipulated. But where there is a defective quality, there is an option. Yet what defect gives rise to this option? Is it confined to a specific number of enumerated matters, or is it defined by a general criterion?
The well-known view of the school is that it is confined to a number of specified matters; anything else—even if it would be more repulsive than them—is not considered a defect.
The correct view is that it is governed by a general criterion: whatever people regard as a defect and which prevents marital intimacy, or its full realization. That is, anything whose absence is entailed by the marriage contract as such is, in reality, a defect. Defects in marriage are the same as defects in sales, for each is a deficient quality that conflicts with what the contract itself entails.
According to the school, the defects that establish the right to annulment fall into three categories:
The first is specific to the man.
The second is specific to the woman.
The third is shared by both.