acceptance. Thus, if we are uncertain and this permission is not unequivocally indicative of acceptance, then the presumption is non-acceptance and the continuation of her right. But if we know that this woman allows her husband to enjoy intimacy with her as though he had no illness, while she is aware of this defect, that is evidence of acceptance. If, however, we know that she is a woman who wishes to deliberate over the matter, or hopes that this defect will disappear, then it is not evidence of her acceptance.
His statement, “then he has no option,” applies whether the person is the man or the woman.
The apparent meaning of his statement, “Whoever accepts the defect,” is that the option is forfeited even if the person is unaware of the ruling. In this matter, a distinction must be made between ignorance of the factual circumstance and ignorance of the ruling. Ignorance of the factual circumstance does not forfeit the option; hence, the author said, “despite knowing of it.” This indicates that if one is unaware of the defect, the option is not forfeited. As for ignorance of the ruling, the apparent meaning of the author’s words is that it does forfeit the option—for example, when she does not know that if he has leprosy or is impotent, she has the right to annul the marriage. This view is not correct. The correct view is that ignorance of the ruling is like ignorance of the factual circumstance. A woman who allows him intimacy with her while unaware of his defect is like one who allows him intimacy with her while unaware that she has the right of annulment—especially since many women may be unaware of this matter. Moreover, we say that acceptance of the defect is essential. Can one who does not know the ruling be regarded as accepting the defect? No. Had she known, she might have annulled the marriage contract as soon as she learned of it.
If a defect is thought to be minor but proves to be serious—for example, he sees leprosy on one of his wife’s fingers, or she sees it on the tip of his finger and assumes that it is minor, but