Commentary for Ketubot 59:4

אמר רב חסדא הכל מודים בבא על הנדה שמשלם קנס למ"ד יש בה הויה הא נמי יש בה הויה למ"ד ראויה לקיימה הא נמי ראויה לקיימה

Hisda said: All agree that he who has intercourse with a woman during menstruation has to pay the fine, for according to him who holds that there must be the possibility of her becoming his wife, she can become his wife, and according to him who holds that there must be the possibility of her remaining his wife, she can remain his wife.

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