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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 ...


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

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

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


4

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 ...


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

According to the Raavad(Hilchos Isurei Biah 11:10) there was no kesubah or marriage rather it was a setting aside which would be considered pas bsalo and there was no yichud as well. ואם נשאת לת"ח וכו': כתב הראב"ד ז"ל מה שחילק זה בין ת"ח לשאר בני אדם הוציא אותו ממה שאמרו כי מיקלע רב נחמן לשכנציב הוה אמר מאן הויא ליומא ואקשו עליה מדרבא תבעוה לינשא ונתפייסה ...


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

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 ...


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

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

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 ...


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 ...


1

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 ...


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


1

A recent sefer called Shulchan Ha'even by Rabbi Zabrowski is similar to a mishne brurah style sefer.


1

Technically, she cannot get divorced before she is old enough to actually understand what is going on and what "separation" means. Thus, a baby under the age of three could never become divorced as she can not accept a get and understand the entire matter just like a shoteh. See the Rambam on the halachos of marriage of a ketana and that a ketana leaves by ...


1

In terms of Mr. X remarrying Ms. Y., that is permitted provided that Ms. Y did not marry somebody else in the interim. However, your wording of "is now asking her for a Get in order to remarry Ms. Y" is not so clear. First of all, he would be giving her a get, not asking her for one (perhaps you mean that he is asking her to accept a get). Secondly, I would ...


1

To add to what has already been said, I once heard a deeper reason behind the psak of not giving a get in Iyar. One of the themes of Iyar is "Second Chances" - such as - Pesach Sheini second chance for korban Pesach Lag BaOmer second chance for Torah, it was on that day Rabbi Akiva decided after all his talmidim died, to start again with five new students ...


1

in the artscroll book Reb Mendel, Rabbi Mendel Kaplan zt'l is quoted as saying that David saw with divine inspiration (ruach hakodesh) that she was his soulmate in all the mystical worlds, just not yet in this one. there is support for this in that Solomon came specifically from her.


1

Adam was given a get like a woman (Bereishis 3:24 - Vayegaresh Et HaAdam, literally "and He (God) divorced the man") Opening of Tana D'bei eliyahu This probably has kabalistic meanings



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