New answers tagged marriage
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At the simplest level -- and I have heard MDjava's answer as well, to show we value the Oral Law -- kessef is more foolproof than a Shtar. A Gett, for instance, requires people with lots of training and specialization, and painstaking attention to detail about how names and locations are spelled. A Shtar Kiddushin would require something similar to a Gett.
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Rambam gives a pretty colorful, emphatic "no" (though citing minority voices who differed).
Laws of Divorce, Ch. 10:
הורו מקצת הגאונים שכל אישה שתיבעל בפני עדים, צריכה גט--חזקה, שאין אדם עושה בעילתו בעילת זנות. והגדילו והוסיפו בדבר זה שעלה על דעתם, עד שהורו שמי שיש לו בן משפחתו, חוששין לו, ולא תתייבם אשתו--שמא שיחרר שפחתו, ואחר כך בא עליה; ויש מהן ...
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R Yechiel Michel Tucazinsky in his Gesher Hachaim (section 3, chapter 8) asks to whom a woman married to two men (in succession) will return? He writes that the Zohar (Bereshit) answers she will return to her former husband.
R Tucazinsky quotes himself (section 1, 6:3) that this only applies where she had not born children to either husband, or else had ...
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One could easily argue that they were fully Jewish not on the 7th of Sivan, but on the 4th. After all, we learn the halachos of conversion from Har Sinai (Yevamos 46b), and, according to R’ Yosi, they washed their clothes, toveled, and sprinkled on the 4th of Sivan, and so they had to have three days (Shabbos 86b-87a).
The Gemara ibid. 86a makes this point ...
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NOTE: the virtually same answer was posted for a more general question "What damages does a hurting husband pay to his wife?"
Rambam Hilchos Chovel U'Mazik 4:17
וְהַמַּזִּיק אִשְׁתּוֹ בְּתַשְׁמִישׁ הַמִּטָּה חַיָּב בִּנְזָקֶיהָ:
When a person injures his wife through marital relations, he is liable for the damages.
This isn't necessarily referring ...
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According to Rambam's Halachot Naarah Betulah, seduction plays no role in the case of a Mefateh, see my long answer here.
A man that had sexual relations with an underage girl (given the conditions I listed) is automatically considered Mefateh (in a city or a Rapist if in rural), no matter who started, how it started.
This is only when the girl wasn't a ...
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This is a great question which surprisingly doesn't return a clear answer via a Google search, so submitted this question to the wonderful Talmidei Chachamim of the Kollel Iyun HaDaf.
To which they replied:
Ie while by the strict letter of the law you technically "may" be able to write a ketubah in a non-Aramaic language... this is definitely not something ...
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R' Michael Broyde-- in a 2004 article titled "The Ketubah in America: Its Value in Dollars, its Significance in Halacha and its Enforceability in American Law"-- seems to say no:
(bolding for emphasis)
The enforceability in American law of the ketubah payment is a
matter that has rarely been litigated, although there is not a
single case where a court ...
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If the Naara seduces the man and her father is not alive he does not pay the penalty as she wanted it and she has forgiven the money (but if she was raped he would have to pay her) Mishne Lemelech Naaro Besula 2,14:
ואם אין לה אב הרי הן של עצמה. פי' דוקא באונס אבל מפותה אין לה כלום שכבר מחלה
However when the father is alive she is in his jurisdiction ...
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The Gemara in Yevamos (53b) and Sanhedrin (74b) tells us the nature of a Man when it comes to sexual relations:
אין קישוי אלא לדעת
That a man cannot develop or maintain an erection without his knowledge or intent to do so.
The Gemara also tells us in contrast with man, that a woman is קרקע עולם. Meaning that she is always considered as a passive actor. ...
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