21 votes
Accepted

(Why) May a Beit Din refuse to bury a body in order to coerce a man into giving a divorce?

In this particular case R. Lau was upholding the UOR’s ruling. The latter’s ruling (viewable here) was based on Rema (EH 154:21), citing earlier authorities, who permits to withhold any aid to a “...
Oliver's user avatar
  • 12k
17 votes

May a man marry the women with whom he committed adultery?

No. See Mishnah Sotah, 5:1: כְּשֵׁם שֶׁאֲסוּרָה לַבַּעַל, כָּךְ אֲסוּרָה לַבּוֹעֵל, שֶׁנֶּאֱמַר (שם) נִטְמְאָה, וְנִטְמָאָה, דִּבְרֵי רַבִּי עֲקִיבָא. אָמַר רַבִּי יְהוֹשֻׁעַ, כָּךְ הָיָה דוֹרֵשׁ ...
DonielF's user avatar
  • 34.3k
12 votes
Accepted

What is a “halachic annulment” of a marriage and when is it employed?

1. Where does the principle of halachic marriage annulment (afka'inhu) apply? There are five Talmudic cases where this principle is invoked: A man betrothed (eirusin) a minor (rabinically) and was ...
Joel K's user avatar
  • 43.4k
12 votes

Divorced woman remarrying her ex-husband

Both the first relationship and the second one would have to be formal marriages (the kind that requires a Get to dissolve) for the prohibition of remarrying your divorcée to come into effect. (ShA EH ...
Double AA's user avatar
  • 99k
11 votes
Accepted

Why divorcing your first wife should be done only in extreme cases?

Divorcing one's first wife is viewed as a particularly sad event. Gittin 90b says that "even the Mizbeach sheds tears" when that happens. The rest of the Gemara there is probably what you heard ...
Double AA's user avatar
  • 99k
11 votes
Accepted

How does Kibbud Av V'Eim work for a child of divorced parents?

Shulchan Aruch Y.D. 240:14 rules that if someone's divorced parents both ask him for a favor (the case of the S.A. is requesting a drink), he may choose to respond to either one first. Pischei ...
Jay's user avatar
  • 6,507
10 votes
Accepted

Can a woman who commits adultery do teshuva and return to her husband?

Maimonides writes in Laws of Divorce 11:14 that Deuteronomy 24 does indeed apply in the case of a married woman willingly committing adultery, such that she is then forbidden from returning to her ...
Joel K's user avatar
  • 43.4k
9 votes

Divorce by phone?

In his responsa (Tzitz Eliezer 10:47) R. Waldenburg quotes some authorities who maintained that in a state of emergency one can direct by telephone to write a get for his wife without even appearing ...
Oliver's user avatar
  • 12k
9 votes

Can a woman divorce her husband and then convert to Judaism?

It sounds like whoever's asking this question is going through a great deal of upheaval of a both personal and religious nature, and would greatly benefit from speaking with a competent rabbi in-...
Shalom's user avatar
  • 133k
9 votes
Accepted

Why Shammai says that a man can only divorce his wife due to adultery?

The opinion of the House of Shammai, as quoted in the Mishnah (Gittin 90a), is: Beit Shammai say: A man may not divorce his wife unless he finds out about her having engaged in a matter of ...
b a's user avatar
  • 24.7k
9 votes
Accepted

Question about using the same bed after divorce

If the bed reminds the husband of his first wife and makes him think about her while with the 2nd wife, then he should not use that bed Nedarim 20b quoted in Shulchan Aruch Orach Chaim 240,2: ולא ...
user15464's user avatar
  • 11.5k
8 votes
Accepted

Are there any recent statistics showing the "marriage longevity" rate for shidduch arranged marriages?

It is very difficult to find accurate statistics on divorce, and differences between countries are so great that any answer can only be useful from a specific countries' perspective. Finding ...
RonP's user avatar
  • 1,946
8 votes

Can a man purchase the wife off a husband?

The short answer is no the only way a married woman can marry someone else, is by first receiving a get from the first husband, or after the death of her husband. (Rambam Hilchot Ishus 1:3) And as ...
aBochur's user avatar
  • 3,859
7 votes
Accepted

Does a sotah warning from a couples first marriage carry into their second marriage?

The Rambam (Hil. Sotah 1:7) rules that divorce erases the previous warning and if they remarry, he would have to warn again. Kesef Mishneh notes that the source is the Yerushalmi in the second chapter ...
wfb's user avatar
  • 14.5k
7 votes

Why for a divorce does a woman do many different actions, but doesn't do them for Kiddushin?

As noted by @joelk in a comment, if the kiddushin (engagement) are not valid, there is a bitul aseh (annulment of a positive commandment; see Rambam Laws of Marriage 1:1-2) or, at worst*, no marriage (...
Loewian's user avatar
  • 17.8k
7 votes

Divorce and Mizbeach

The Chidushei Agadata of the Maharsha points you to the same memoir in Sanhedrin 20a. There he explains that the Mizbeach - usually - gets the bird offerings that a wife brings, mostly from the first ...
Danny Schoemann's user avatar
6 votes

Does a sotah warning from a couples first marriage carry into their second marriage?

He'd need a new warning. (Rambam Sotah 1:7, Shulchan Arukh EH 178:12)
Double AA's user avatar
  • 99k
6 votes
Accepted

May coercion be used to facilitate halitzah?

Coercing a levir to perform halitzah [when one side has reason to reject entering into levirate marriage] is discussed in Yeb. 39b (see Tos. s.v. amar & Tos. Ket. 64a s.v. ve'dinei). In modern ...
Oliver's user avatar
  • 12k
6 votes
Accepted

Were Kohanim forbidden from serving in King David's army?

This is the subject of an old debate when it comes to kohanim giving conditional divorces. R. Mordechai Ben Hillel wrote that one cannot bring a proof from the fact that kohanim at war gave such ...
Alex's user avatar
  • 49.3k
6 votes
Accepted

Do gittin have to be written in Hebrew

A get can in theory be written in any single language, but longstanding practice is to write it in (largely) Aramaic (EH 126:1).
Double AA's user avatar
  • 99k
5 votes

The Rambam on a forced get

The Rambam's language strongly implies that the answer to your question is no. He writes that the reason why we say that it is merely the case that "his inclination is forcing him" to do evil is ...
הנער הזה's user avatar
5 votes

If a woman cannot have children, can she marry?

Rema, Even HaEzer 1:3 וּבַזְּמַן הַזֶּה נָהֲגוּ שֶׁלֹּא לָכֹף עַל זֶה. וְכֵן מִי שֶׁלֹּא קִיֵּם פְּרִיָּה וּרְבִיָּה וּבָא לִשָּׂא אִשָּׁה שֶׁאֵינָהּ בַּת בָּנִים, כְּגוֹן עֲקָרָה וּזְקֵנָה אוֹ ...
LN6595's user avatar
  • 5,370
5 votes

Before the Matan Torah, did HaShem issue divorce regulations?

The Maggid Mishne (Rav Vidal of Tolosa, spain 14th century) on the Rambam Hilchot Ishut 1,1 says that before Mattan Torah (giving the Torah to Israel) everyone had a status of a gentile and he cross-...
user15464's user avatar
  • 11.5k
5 votes

How should a man and a woman behave after their divorce?

The Kitzur Shulchan Aruch has 2 Halachot related to one's divorcee in סימן קנב - אסור יחוד ושאר קרבות בנשים - though it's irrelevant to him being remarried or not: While divorcees may not live in the ...
Danny Schoemann's user avatar
5 votes
Accepted

If a condition to bury someone's body wasn't upheld, is one allowed to exhume the body?

The rules of disinterment are quite strict (see SA YD 363:1), dinonline has a good summary. The case you ask about is not part of the list, nor are there any cases of pressuring a family member. A ...
mbloch's user avatar
  • 51.8k
5 votes
Accepted

Would marriage and divorce for Gentiles be invalid for being an appropriation of Jewish commandments?

Although the concept of betrothal does not apply to Gentiles the way it applies to Jews, nevertheless, it is still considered a sin to have a relationship with a Gentile woman who was betrothed, ...
שלום's user avatar
  • 3,272
5 votes

Can a divorced man sleep in the same household (no intercourse) with his ex-wife?

This depends on a number of factors including the number of children present in the house, their ages and genders, and whether other people are as well. This halacha applies for any non-related man ...
Moses Supposes's user avatar
4 votes

Can a man who has undergone sex change give his wife a Get?

I heard that the London Beis Din sometime in the 20th century had such a case and asked Rabbi Ruderman if this person could give a get. Rabbi Ruderman didn't discuss if the gender change would have ...
robev's user avatar
  • 19.9k
4 votes

The Rambam on a forced get

Rav Menashe Klein brings different opinions here (in קונטרסים גיטין on סימן קכ"א). He quotes the Shut Maharik 63:3 who says that this reason of the Rambam does not apply to someone who converted away ...
Yishai's user avatar
  • 32k
4 votes

Intercourse with your ex-wife after giving the get

The Mishnah in Gittin 81a (Art Scroll 81a3) says that if a man divorced his wife and they were secluded together, then Bais Shammai says that he does not have to give her another get. Bais Hillel says ...
sabbahillel's user avatar
  • 43.1k

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