the same defect or a different one, for a person is not normally repelled by a flaw he himself possesses. If either spouse, after learning of the defect, declares, “I accept it,” or otherwise shows clear satisfaction with it, the right of annulment lapses.
Whenever this option exists, it can only be effected before a judge, because the matter calls for legal assessment and deliberation. The judge, at the request of the party entitled to the option, will dissolve the marriage or authorize that party to do so.
If the annulment is concluded before consummation, the wife receives no bridal dower (mahr): if she invoked the option, separation originates from her; and if he invoked it, she had concealed the defect, so the annulment is still attributed to her.
If the annulment takes place after consummation, she is entitled to the dower specified in the contract, for it became due by the contract and was confirmed through consummation and therefore cannot be forfeited.
A guardian may not marry off a minor girl, an insane woman, or a slave woman to a man who has a defect that would justify annulment, for the guardian must act solely in their best interest. Should the guardian later discover such a defect after having been unaware of it, he must annul the marriage to remove the harm from them.
If an adult, sane woman is willing to marry a eunuch or an impotent man, her guardian may not prevent her, because the right to sexual relations belongs to her alone.
However, if she wishes to marry a madman, a leper, or someone afflicted with vitiligo, her guardian may prevent the match, since those conditions could harm any future children and would bring distress upon her family.