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6

Hello Baal Rishon, and welcome to J.SE. It sounds like there's a very thorny situation underfoot, and this is going to require a real-life expert rabbi. I strongly recommend you contact the experts at the Beth Din of America. May G-d help everyone involved in this difficult matter, and may it be concluded in such a way that the pain to everyone involved ...


6

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 ...


6

The document itself is given to the husband to prove that he actually paid the כתובה. He can dispose of it however he desires. Or alternatively, she gives him a שובר (a receipt) documenting that he actually paid her, and she can do with the כתובה whatever she pleases.


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

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

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 ...


4

Nitei Gavriel Nesuin 14 discusses Shoshvinim (unterfuhrers). He says that the source for having Shoshvinim (unterfuhrers) is the Gemara Brachos 61a which discusses how Hashem was the Shoshvinim (unterfuhrers) for Adam Harishon. Then he mentions that the Minhag is that the parents are the Shoshvinim (unterfuhrers). He brings this in the name of Shaalos ...


4

In Biblical times a father could actually agree to marry off his daughter under the age of twelve-and-a-half. (Deuteronomy 22:16). By the times of the Talmud the recommendation had become "she must be grown-up enough to agree to marry the fellow." Yes, a previously-married woman is considered more "on her own" than the first time around. See for instance ...


4

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 ...


3

Yes, he would certainly be allowed to give his wife a get. According to the vast majority of poskim, he is a man despite whatever surgery he had. He obviously does not meet the qualifications for a shoteh. According to the minority view of the Tzitz Eliezer, he would not have to give his wife a get, because the marriage dissolved when he "became a woman."


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

Here is a treatment of the subject. Basically it comes down to three views: 1) If the Torah requires the get, his real desire is to give it, and the coercing removes the Yetzer Hara's objection, which is not him. 2) It is like someone forced to sell something under duress where they get the payment. Either the "seller" (the husband) loses nothing in the ...


3

To kind of restate @Gershon Gold's answer in the spirit of the question, the biblical source for the idea of escorting the Bride was G-d's escorting Eve to Adam. Genesis 2:22 states: וַיְבִאֶהָ אֶל הָאָדָם -- and He brought her to the man.


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 ...


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

A get can only be a get from the time that it is actually given, so it cannot be given retroactively. But a dated get can be given with a stipulation that it will not take effect until a certain date or until a certain condition is fulfilled in the future, at which time the get will be effective from the time it was given.


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

I think traditionally there was concern that if a woman is nursing, getting pregnant again may dry up her milk supply (and therefore, before the age of infant formula, endanger the nursing baby). This way she's not stuck waiting to remarry out of concerns she may get pregnant again. If I'm not mistaken I'd read some scientific research fairly recently that ...


1

The ketubah is merely a prenuptial agreement and once the husband has paid what he promised it is an expired document which the husband can throw away or burn.


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


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

Although the popularized understanding of the Gemara in b.Shabbath 56a is that Dawidh haMelekh never actually sinned with Bathsheva` but only appeared to sin, the Gemara as a whole, and the tradition as taught by the Rishonim are not so monolithic on this question. In fact, aside from the statements made to this effect by Rav Shemu'el Bar Nahmeni and Rebi ...



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