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11

A non-Jew is in the category of Ein Kiddushin Tofsin Bam (marriage does not 'catch' them). (Mishna Kiddushin 3:12, ShA EH 44:8) Thus there was not and cannot be a marriage between a Jew and a non-Jew, and giving a Get would serve no purpose as there is no marriage to sever.


9

NO. Rabbi Isaac Herczog discussed the concept, and rejected it. (Rabbi Hershel Schachter has discussed this in several lectures.) "Zikui" works as follows. I want to gift someone a nice challah knife on shabbos, but it's best to avoid gifts on shabbos as it looks like a business transaction, so on Friday afternoon I say, "I'm sure Shmerel would want to ...


9

There are only two ways out of a kosher marriage: a kosher get or death of a spouse. (Kiddushin 2a) It doesn't sound like any semblance of the former (a document handwritten by a Jew for the divorce of this specific couple including their names, the date, specific formulations, signed kosher witnesses, etc. presented to the wife by the husband again in ...


8

A. Assuming she is in the United States, she should contact the Beth Din of America and explain the situation to them. Most likely, upon understanding the predicament, they will issue a summons to her "husband." They also have experience with how to approach the husband in a way that's least likely to lead to a standoff. B. IF, God forbid, that summons is ...


7

A proof that one should divorce is Ezra ch. 10 where he tries to encourage everybody to leave their non-Jewish wives, he does not tell them to stay together to avoid the mizbeach shedding tears. Furthermore he makes no distinction between any cases.


6

If they are divorced then they are not married, and they certainly may not be intimate. Halachikally they are two strangers, and all of the halachos of yichud, etc. apply. For cases where they are legally divorced but don't yet have a get, consult a Rav. They may get remarried, unless the husband is a kohen, they got divorced because the woman committed ...


5

The current answers don't address the question in detail. So here goes: What is the source and reason for this? The source is the Mishna in Yevamos 64a and the subsequent discussion in the Talmud there. The reason is that the man is commanded to have children, and after 10 years with no pregnancy, he needs to do something else to fulfill the Mitzvah. It ...


5

Rav Asher Weiss writes in his approbation of the RCA Prenup about supporting the RCA Prenup from the Nachlas Shiva document: לענ"ד אין זה ענין לני"ד דנראה לכאורה דתקנה זו עיקרה ויסודה באמת להבטיח את קיום האשה והספקת מזונותיה, ולא כאמצעי לאלץ את הבעל לגרש את אשתו, וא"כ אין מזה ראיה לנידון דידן.‏ In my humble opinion this is not related to our case ...


5

Given that this is not an every day scenario, I don't think you'll find many Batei Din who will as a matter of policy issue conditional gittin. Nonetheless, that doesn't mean they will never issue them. Rabbi Howard Jachter has an excellent pair of articles here and here that surveys more contemporary approaches to handling cases such as these. In the ...


5

Getting divorced would NOT serve as any halachic basis for an abortion. Life is something of the greatest value and should not be looked upon lightly at all. It is exceedingly important that no one misinterpret halacha to try and "allow" for an abortion when it's forbidden (and a major sin). The baby - who is unable to speak and defend himself - is the true ...


4

The Gemara in Kesubos 3a has the source of this idea: ומשום פרוצות שרינן אשת איש לעלמא אין כל דמקדש אדעתא דרבנן מקדש ואפקעינהו רבנן לקידושי מיניה Due to immodesty the Rabbis would permit a married woman to anyone? Yes, as everyone who performs Kiddushin does so according to the guidance of the Rabbis, and they nullify this Kiddushin. Rashi ...


4

The Gemara in Yevamos (66a) says that we don't let a Kohen's illegal (Jewish) wife's (Melog) slaves eat Teruma, even though according to biblical law they should, since the Rabbis want her to get angry at her husband (I can't eat Teruma, my slaves can't eat Teruma, What am I, a Zona??!!) and get a divorce. The Gemara doesn't differentiate if there are ...


3

"Girsha stam" means he divorced her without stating any conditions. Mochel means forgiving, so "he is forgiving the condition" or if you wanted to say it in proper English "he forgives the condition" or "he forgoes the condition." In other words, he waives it (or is presumed to have waived it, depending on the context).


3

Medrash Rabba Vayetze 71 says that he did not divorce Leah since she had children. כיוון שראה יעקב מעשים שרימתה לאה באחותה, נתן דעתו לגרשה, וכיוון שפקדה ה' בבנים אמר לאמן של אלו אני מגרש


3

Tallis -- this is easy. The halachic default is that everyone 13 and up should be wearing a Tallis; Ashkenazi never-married-men happen to have a custom otherwise. (Rabbi Meiselman, for instance, feels this whole custom is in error and his unmarried sons wear tallisos.) In absence of such a custom, we default to the standard -- wear a Tallis. Hair covering ...


3

The question wording is actually inaccurate, Halachically speaking - make Sheva Brachos during the week after the Chassanah. While common practise it to "make Sheva Brachos", Halachically, Sheva Brachos are said at meals after the wedding under specific conditions. See the Kitzur Shulchan Aruch Siman 149 for details. Essentially, in the case of 2 people ...


3

For those who are interested in the views of Rishonim: 1) Many Rishonim have a girsa that explicitly places the tefillah after the sobering; see dikdukei Sofrim. 2) Rishonim do not discuss this. But according to those who understand that he wasnt actually killed, there would obviously be no question. Besides for Meiri (see below) a student of the Rashba, ...


3

Here's Rabbi Yona Reiss' lecture (mp3), "Dividing Assets in Divorce Proceedings." He was the director of the Beth Din of America for many years (and now handles similar matters in Chicago), so he's dealt with this practically a lot.


2

It appears from the Rambam (הלכות גירושין פרק י :כ-כ"ב) and other places that once a couple behaves as husband & wife, then they need a Get to become divorced - and permitted to marry other people. As a result, their divorce as a real one, and would disqualify her from marrying a Cohen.


2

In the Bavli to that Mishna (Gittin 80a), 'Ula explains that the reason there was an enactment made to write the date according to the local government was "משום שלום מלכות" "to maintain peace with the government". Rashi explains that the governments would see we use their dating system and assume that we value their leadership. Accordingly, Rambam rules ...


2

Firstly, a גט is a document that is willingly given by a man to his wife, or sent with a worthy messenger. It has to be written by him or with his שליחות, and בית דין cannot just write and give it; that would make her think she was allowed to remarry, and 'ould lead to ממזרים. What the רבנן can do, is nullify the entire marriage retroactively, as the ...


2

Patience...... I skimmed the gemara looking for the answer to my question, but accidentally skipped it! Tosfos Ri"d on the Mishna tipped me off to check again. Gitin 27b: ת''ר איזהו שלא לאלתר רבי נתן אומר ששהה כדי שתעבור שיירא ותשרה ר''ש בן אלעזר אומר כדי שיהא אדם עומד ורואה שלא עבר שם אדם ויש אומרים שלא שהה אדם שם רבי אומר כדי לכתוב את הגט רבי ...


2

This one's pretty straightforward -- forcing a Get only works in situations when halacha says beis din can do so. The Talmud gives examples of abusive behavior or intolerable medical conditions; but if they're just annoyed with each other's personalities, we don't have a halacha that says beis din can use coercion. Hence the beis din has to make a tricky ...


2

The issue with a gett me'usah isn't that the gett is compelled, but that the husband did not have a desire to give the gett. Which is why the Rambam says that we can assume the husband had a desire to conform to halakhah if he wants to be part of the Jewish community. It's just that there are other, dominant, desires that outweigh this one, and those desires ...


1

More about this here (with sources) and here. While there may be other opinions, here is what I have seen/heard from Rabbi Yehuda Herzl Henkin, Rabbi Hershel Welcher, and others: Category A. Many Lubavitchers believe that perhaps Rabbi Schneurson was a candidate to be the messiah, but for whatever reasons, God chose for it not to work out that way. Such ...


1

In general, the principle of "kim li bgava" -"i believe her" means that even where she doesn't have legal reliability otherwise, if he himself does think she's telling the truth, he's no longer allowed to be with her. That would imply there's no wiggle room for a kohen in such a situation since he presumably does suspect what's going on. Not to mention that ...


1

The Micropedia Talmudis reports: יש שכתבו שאשת כהן שנתייחדה עם נכרי אפילו פעם אחת, אסורה לבעלה אף אם אין רגלים לדבר שעל דעת זנות נתייחדה עמו (יראים השלם מה, הובא במהרי"ק קס); ויש שכתבו שאף אם נתייחדה עם נכרי אינה נאסרת, שאף על פי שהנכרים פרוצים בעריות הם, היא בת ישראל ואינה בחזקת פרוצה בעריות, ולכן אין לחשוש שנתרצתה לזנות (פסקי ריא"ז כתובות א ג; ...


1

Others discuss the braisa in Yevamos 64a which is the source of the Rambam. See tosafos there d.h. af al pi. See also in maseches Ksuvos 77a tos. d.h. lisni. See also the Tur in Even Ha'ezer siman 1 siff 3 with Darkei Moshe And Shulchan Aruch with Ramma there in the name of shu't Rivash siman 15 who says we no longer enforce this.


1

In very, very broad terms -- some authorities will allow an early abortion to prevent significant anguish. (There's an mp3 of Rabbi Yona Reiss mentioning this with regards to a pregnancy found to have severe developmental challenges, if we think it will destroy the lives of this couple, according to some opinions.) While it's ideal for most children to be ...


1

End of Maseches Gittin (90b) three lines from the bottom in standard Vilna Shas Here is the source in non standard format I read the article, I don't think the article is quoting a Gemara, it is referencing said gemara in gittin, but is also telling over an anecdotal non-talmudic story of a revered rabbi getting a divorce



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