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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

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.


5

I doubt you would find any Halachic authorities who recommend giving a conditional Get. The reason being that after giving such a Get, he may not seclude himself with his wife. If he did seclude himself - and there are witnesses, then even if she subsequently fulfills the condition on the Get, she is only possibly divorced - הֲרֵי זוֹ סְפֵק מְגֹרֶשֶׁת. ...


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

A Cohen may divorce his wife. The Mishna and Halacha mention special rules for the divorce procedures of a Cohen, so it follows that may do so: For example, in the laws of how to write the names of the husband in a Get (a divorce document) in Shulchan Aruch, Even HaEzer 129:19 - סימן קכט - דיני שם - it says: לֹא נָהֲגוּ לִכְתֹּב בַּגֵּט לֹא כֹּהֵן ...


5

Rashi in Beshalach on "chamushim" states that all those left behind died during the three days of darkness. Every member of Bnai Yisrael who survived left in the Exodus. Thus, if a husband or wife was left behind, the person who left was a widow or widower.


5

It is a gemara in Pesachim 112a which talks about advice from the chachamim (I don't believe this is quoted in the poskim-not sure ): לא תבשל בקדירה שבישל בה חבירך מאי ניהו גרושה בחיי בעלה דאמר מר גרוש שנשא גרושה ארבע דעות במטה ואי בעית אימא אפילו באלמנה לפי שאין כל אצבעות שוות Do not cook in a pot that your friend already cooked in.What does this mean: ...


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

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.


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

"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 ...


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

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

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

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 ...


1

There is no halachic significance to the concept of the Shem Mishpachti/Last Name used by the broader world. There are legal ramifications to divorce vis a vis returning to her parent's household/shevet, but those are mostly relevant for things like terumah and maaser. Others may correct me on this one, but the only possible argument I can see regarding ...


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

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

There may be a better source for this but see אבן העזר סימן ז סעיף ט and there in the בית שמואל and the חלקת מחוקק that deal with this. It seems clear from there that they are forbidden to remain in the same house, even without Yichud.


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; ...



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