Translation:Shulchan Aruch/Even ha-Ezer/12

From Wikisource
Jump to navigation Jump to search

Paragraph 1- If one brings a get where the declaration that the get was written and signed in front of him is required, as well as a solo witness that testifies a woman’s husband has died, he cannot marry the woman because it is suspicious. If he marries her, he does not have to divorce her. If one brings a get where the declaration that the get was written and signed in front of him is not required, however, he is permitted to marry the wife since she is not marrying on his say-so. If two witnesses testify that a woman’s husband died, one of them may marry the woman because it is uncommon for two people to sin for the benefit of one of them. See the Tur on this issue in Siman 141 for the responsa of the Rosh which is quoted in Even Haezer. There are those who say that even in the case of two witnesses, although it is permitted, a careful person will distance from this.

Paragraph 2- If a woman swore off any benefit from her husband, and the husband did not void the vow, and she comes to a Rabbi to nullify the vow but he prohibits her and cannot find a way out of the vow, the Rabbi may not marry her because people may say he only prohibited her in order that he be able to marry her. If he married her, he does not have to divorce her. This is only true in the case of a solo expert. In the case of a full court, however, there is no suspicion. Thus, if a woman did miun or chalitza in front of a court, one of the judges may marry the woman.

Paragraph 3- In all the foregoing cases, if the women married others and were then widowed or divorced, she may marry one of them.

Paragraph 4- In all these cases, if these men had wives at the time who later died or were divorced and it was the woman who convinced her husband to divorce her, these men are permitted to marry these women in the first instance. If their wives were sick and died, they cannot marry them. Any one of the women can marry the son of the witness that testified for her or the son of the Rabbi that prohibited her to her husband, as well as any other of their relatives, because there is no concern that they would have forced them away from their husbands for the benefit of their relatives.