1,689. The Burden of Proof in Disputes Over Blemishes

Hilchos Ishus 25:4

Filing a claim over blemishes is as follows: if the blemish that was found was something like an extra finger that was certainly there before the betrothal, then the burden of proof is on the bride’s father to prove that the groom knew about it and consented, or that we can assume that he knew. If he cannot prove his case, the woman can be divorced without being paid the value of her kesubah at all. If the blemish was of a kind that could come about after betrothal, then if the blemish was found after she entered the husband’s domain, the burden of proof is on him to prove that she had the blemish before betrothal and that the marriage is based on false pretenses. If the blemish was found while she still was in her father’s domain, then the burden of proof is on him to prove that the blemish developed after betrothal and it’s the husband’s loss.

Hilchos Ishus 25:5

If the man proved that his wife had the blemish before betrothal, or if she admitted that such was the case, and woman’s the father brought proof that the husband had seen the blemishes and said nothing, or that it could be assumed that he knew about it and consented, then the husband is obligated to pay the value of his wife’s kesubah.