1,821. Who Can Annul a Marriage

Hilchos Geirushin 11:3

A minor can void her marriage through refusal regardless of whether she was only betrothed or consummated the marriage. This can be done in her husband’s presence or not in his presence. Just as a minor can void a marriage, she can dissolve the bond requiring yibum (levirate marriage). Not only can a minor annul one marriage via refusal, she can annul a second or third marriage; this can be done any number of times so long as she’s a minor. If a minor doesn’t exercise her right of refusal and is betrothed to another man despite being married, the betrothal is considered refusal of her current marriage.

Hilchos Geirushin 11:4

A minor girl can annul a marriage through refusal until she becomes a naarah (age 12 plus physical signs of maturity) or it is discovered that she’s an ailonis (an adult woman without the signs of maturity). This is the case so long as her husband wasn’t intimate with her after she reached the age of 12 years and one day; if they engaged in marital relations after she reached this age, then since that is sufficient to betroth her under Biblical law, she is no longer able to dissolve her marriage via refusal. Similarly, she need not be checked for the signs of maturity; it is assumed that she has developed them.