1,678. The Dowries of Women Who Must Be Divorced

Hilchos Ishus 24:7

Regarding the dowries of the aforementioned women (such as one who dissolves a marriage through mi’un/refusal), so long as the dowry exists, she can take it with her when she leaves; this is true even of a woman who has committed adultery. If the woman was prohibited as a secondary relationship or because of a positive commandment, the same laws apply to them as to all other women; this is so regardless of whether or not the husband was aware of the situation when they married. Similarly, if the woman was congenitally infertile or was prohibited by a Torah prohibition, the same laws apply to their dowries as to all other women, i.e., the husband is responsible for “iron sheep” property. As far as melug property, if anything was lost or stolen, the wife bears the loss and the husband is not responsible to pay.

Hilchos Ishus 24:8

If the woman was congenitally infertile or prohibited by a Torah prohibition and her husband was not aware, then he is not responsible to pay for any “iron sheep” property that was lost, stolen, destroyed or damaged because she gave him permission to use the property. He is responsible to pay for melug property that was lost or stolen, which is the opposite of all other women. Since the marriage was never effective, he did not have the right to use the property.