1,532. A Marriage Arranged by the Court

Hilchos Ishus 11:5

If a man marries a woman with congenital deafness or lacking mental competence and he writes her a kesubah for 10,000 zuz, this obligation is binding because it was his own decision to do so.

Hilchos Ishus 11:6

Let’s say that a man with congenital deafness or lacking mental competence marries a woman with full faculties. Even if the man’s condition is fixed, he has no obligation to his wife. However, if he wants to remain married to her after being cured, then she is entitled to a kesubah of 100 zuz. If the man with congenital deafness in this case had his marriage arranged by the court and they wrote a kesubah based on his assets, the woman is entitled to whatever the court determined. The court does not arrange marriages for people lacking mental competence. Similarly, the Sages did not institute marriage for males under the age of majority because they will ultimately be able to undergo a full-fledged marriage. They did institute marriage for a girl under the age of majority, though, in order to discourage treating her promiscuously. A minor may not marry until he has been examined and it has been determined that he possesses the signs of physical maturity.