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If a married woman loses her kesuba, may she continue to sleep with her husband? Is she still legally considered married? If she sleeps with someone else, has she committed adultery?

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1 Answer 1

She is definitely still married, so adultery remains absolutely forbidden. However, they must get a special new replacement kesuba written up before they may return to regular intimacy. (Shulchan Aruch Even HaEzer 66:3)

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do all poskim hold that way? rambam? –  asdjkl May 14 '12 at 0:05
@asdjkl I assume those are separate questions as I didn't know the Rambam was a posek. The rambam rules this way in Ishut 10:10, and AFAIK all poskim concur. –  Double AA May 14 '12 at 0:11
@DoubleAA, I seem to recall hearing Rambam, Rif, and Rosh called "pos'kim". That's certainly not the usual use of the term, though. –  msh210 May 14 '12 at 0:37
@msh210 And the Rashba calls the Rabbis living just prior to him Achronim, but that's not what I'd assume you were talking about using that term. –  Double AA May 14 '12 at 3:39
Just to add a clarification to this excellent answer: replacing the kesuba is completely the husband's obligation. He must replace it as soon as possible, though they continue to have the same marital status until he does. –  Avi May 22 '12 at 13:13

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