1,691. A Blemish With a Workaround

Hilchos Ishus 25:8

Even though the lack of an identifiable onset of her period is a significant “blemish,” a woman doesn’t lose anything because of it since she can inspect herself and engage in marital relations. Let’s say that she inspected herself and engaged in marital relations, after which either she or her husband discovered blood on their inspection cloth. If this happens on three consecutive occasions, they may not remain married; she must be divorced, she is not paid the baseline amount or the additional sum of her kesubah, and the conditions of the kesubah don’t apply to her. This is because she is unfit to participate in marital relations. This husband may never remarry her. This is necessary because her husband might otherwise intend to remarry her should her condition resolve itself, in which case he would not be divorcing her decisively (rendering the divorce ineffective). She may, however, marry someone else, as we will discuss IY”H in the topic of niddah.

Hilchos Ishus 25:9

The previous halacha applies when a woman has such a condition from the start of her marriage, seeing blood on the very first time they engaged in marital relations. If the condition only arose after they were married, it’s the husband’s loss. Therefore, if they had marital relations once without seeing blood and only later did the problem arise, her husband must divorce her and pay her the entirety of her kesubah. He may never remarry her, as in the previous scenario.