Translation:Shulchan Aruch/Even ha-Ezer/11

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Paragraph 1- If a woman was suspected of committing adultery and she was warned and secluded but did not drink the “bitter waters,” because she becomes prohibited to her husband on the basis of this other man, she becomes prohibited with this man she secluded with forever just as she is prohibited to her husband. If he went ahead and married her, we would remove her from him with a get, even if she had many children from him. We have a tradition that just as a woman is prohibited to her husband, so too is she prohibited to the man she had an affair with, and likewise if she becomes prohibited because of him to her husband, she becomes prohibited to this other man. If there was no warning, however, and witnesses testified that she secluded with this man and they found her doing something inappropriate, such as where the witnesses followed him and found her standing over the bed and she was putting on her pants or tying her belt or they found saliva over the bed or the place for shoes overturned or they were exiting a dark place or lifting each other from a pit or anything similar, or they saw them kissing through clothing or they saw them kissing each other or that they entered a room one after the other and closed the door with a lock or anything similar based on the judges’ perception and the husband divorced her because of this inappropriate act, she may not marry the man she committed the act with. If he went ahead and married her and had children from her, she does not have to be divorced. When is this true? Where the city gossiped about her and the other man for a day and a half or more and said so-and-so had an affair with so-and-so and the rumor did not stop. This only applies where neither her or him or the husband had enemies that would spread such a rumor. If the city was not gossiping about this, however, or the rumor stopped and it was not for reasons of fear, and she married this other man, she does not have to be divorced, even if she has no children from him. Even if a solo witness comes and say she had sexual relations with him, she would not have to be divorced. There are those who say that if there was a substantive rumor in the manner that was described with respect to the witnesses on the inappropriate action, we would even make her husband divorce her if she does not have children from him. If only one of these elements exist, however, we would not remove her from her husband unless the original husband divorced her and the suspected other man marries him, in which case we would remove her even with only one element, unless she has children with him. Two different witnesses on acts of inappropriateness can combine, even if they saw one after the other and they each saw a different inappropriate act. A solo witness on a disgusting act is of no effect.

Paragraph 2- If a woman’s husband divorced her because of witnesses of inappropriateness and she married someone else who divorced her, she is prohibited from marrying the man she was inappropriate with because she was divorced from her husband because of him. If she does marry him, she does not have to be divorced, even if she has no children from him. If a woman had two witnesses come and testify that she committed adultery with her new husband while she was still married to her first husband, the second husband must divorce her, even if she has many children from him.

Paragraph 3- Any time we said a woman must be divorced, she would be divorced without receiving her kesubah.

Paragraph 4- There are those who say that if witnesses come and testify that a married woman committed adultery, the court must investigate and interrogate. The court cannot accept testimony outside the presence of the woman and her husband.

Paragraph 5- If one is rumored to have had a sexual relationship with a slave or gentile, and that woman converted or was freed, he may not marry her. If he married her he does not have to divorce her. If he divorced her he cannot remarry her unless she had children from him.

Paragraph 6- If a gentile or slave has sexual relations with a Jewish girl, even if the gentile then coverts or the slave is freed, he cannot marry her. If he does marry her, he does not have to divorce her.

Paragraph 7- In all of the foregoing cases where we said a man may not marry a woman, they may not even live in the same alley, and she certainly cannot serve him.

Paragraph 8- In any situation where the parties were warned, and they violated our warning and went ahead and married, that is not considered after the fact, and we force him to divorce her. If one divorces his wife so that she can marry another man, that man is prohibited from marrying her, as is discussed later in 153:15.