Take the 2-minute tour ×
Mi Yodeya is a question and answer site for those who base their lives on Jewish law and tradition and anyone interested in learning more. It's 100% free, no registration required.

As I understand it, in the Sephardic world not long ago, the marriage contract would have a steep penalty clause if he took a wife beyond the first one without her permission.

And as I understand it, in the Sephardic world till today, yibum is preferred over chalitza, i.e. the best thing is to marry the widow.

So suppose Hayim marries Mazal, and their contract has a penalty clause. Then Hayim's brother dies childless, so Hayim is supposed to marry his brother's widow. Mazal says she doesn't want another wife around.

Now what?

share|improve this question
3  
Nice naming convention :) –  Isaac Moses Nov 10 '11 at 19:27
1  
Perhaps the penalty clause excluded cases of Yibum –  Gershon Gold Nov 10 '11 at 19:56
    
@GershonGold I would guess Shalom is asking about a case where there is no such exclusion –  HodofHod Nov 10 '11 at 20:15
1  
HododHod - I would guess Shalom might be unaware of an exclusion –  Gershon Gold Nov 10 '11 at 20:19
1  
I'm not familiar with these clauses (I just heard in a shiur that they existed). It's possible they did have an exception. This is more of a history question, really. –  Shalom Nov 10 '11 at 20:59

1 Answer 1

The terminology used in current Sefardi Kesuvos is ולא ישא ולא ישדך ולא יקדש שום אשה אחרת עליה כי אם ברשות בית דין הצדק.

As I have noted in the comment section "Perhaps the penalty clause excluded cases of Yibum". I would certainly imagine that Beis Din would make an exclusion for Yibum.

share|improve this answer
    
Fascinating. It's not "Without her permission", it's "without the court's permission." Where did you find that text? And to what rabbinic court was it referring? –  Shalom Nov 10 '11 at 23:59
    
googled online for text of sefardi kesubah in hebrew –  Gershon Gold Nov 11 '11 at 1:51

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.