Translation:Shulchan Aruch/Even ha-Ezer/13

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Paragraph 1- Any woman who was divorced or widowed may not marry or have erusin with another until she waits 90 days, excluding the days of her divorce or husband’s death and the day of her erusin, so that we know if she is pregnant or not and can differentiate between the first husband’s child and the second husband’s child. One may get engaged without erusin, however, but must not enter the house with her. We start counting from the day of the get. Even if the get was given conditionally or the get did not reach her until many years following the day it was written, we would count from the date the get was written, because the husband does not seclude with her once he has written the get for her. There are those who say we count from the day the get is given, and it is appropriate to be stringent, which seems correct to me. The Rabbis decreed that even if the woman is incapable of having children, and even if she was divorced or widowed from erusin, she must wait 90 days. Even a minor, elderly woman, barren women and a woman who never developed signs of puberty, and even a woman whose husband was overseas or was sterile, sick or held in prison, and even a woman who miscarried after her husband’s death and a virgin coming out of erusin must wait 90 days.

Paragraph 2- If a yevamah’s yavam died, she must wait three months following the yavam’s death.

Paragraph 3- If a woman conceived from Reuven, and they both admit that she conceived from him, and she went and married Shimon and Shimon divorced her and she wants to marry Reuven, she must wait 90 days following her divorce from Shimon.

Paragraph 4- One who remarries his divorcee does not have to wait.

Paragraph 5- If a maidservant or convert were married to their husbands while they were gentiles or slaves, and they subsequently converted or were freed, they must wait. Even a convert and his wife that converted would be separated for 90 days to differentiate between a child conceived in holiness and a child not conceived in holiness.

Paragraph 6- A woman who performs miun does not have to wait. The decree was only by a divorcee. Likewise, one who commits adultery does not have to wait because she reverses herself during the encounter in order that she not get pregnant. Likewise, a single girl who was raped or seduced does not have to wait. The same applies to a captive, even if she is an adult. There are those who say that in all these cases the woman must wait if they were adults and capable of getting pregnant. If a woman was raped while married and did not first have sexual relations with her husband, she must wait.

Paragraph 7- A concubine that was designated for a man and wants to marry must wait.

Paragraph 8- If a woman got married in error and it was known that she was prohibited to her husband and the court compelled the husband to divorce her and she was a minor incapable of giving birth, she does not have to wait because that is atypical and the Rabbis did not make a decree on an atypical case.

Paragraph 9- If a woman got divorced and a rumor that the get was invalid emerged and they required she receive another get because of the rumor, there are those who say that she has to wait three months from the second get. There are those who say she only has to count from the first get. One should be concerned for the first opinion. Likewise, if one got divorced because of a mere rumor of marriage, she must wait.

Paragraph 10- If one marries within 90 days, we excommunicate him. There are those who say he must divorce her, and if he is a yisrael he will remarry her after three months, and if he is a kohen he cannot remarry her. This is only where he deliberately violated the law. If he married her accidentally, however, he would not need to divorce her. Rather, we would separate them. There are some who are stringent even where it was accidental. It seems that in a case of a kohen where he will be prohibited from remarrying, one can rely on the lenient view and we would not require him to divorce her. In the case of a yisrael, we would not rely on the lenient view in an accidental case. This is what seems correct to me. If he divorced her, he cannot live in the same alley as her. If the court did not compel him until the three months had passed, although he married illegally we would no longer compel him, because once it is done, it is done. If he married her and divorced her, see later in this Siman, in paragraph 12, what the law is regarding her kesubah. If he married her and then fled, we would not excommunicate him. We actually instruct him to flee. There are those who say that such a fleeing must be far enough that if he were to return it would be after the three month. It does not appear this way from the words of other halachic authorities.

Paragraph 11- The Rabbis decreed that a person may not marry or perform kiddushin on a woman pregnant from another man or nursing a child from another man, until the child is 24 months, based on the way we calculate months, which is one full month followed by a short month, excluding the day the child was born and the day of the kiddushin. A leap month is included in the 24 month count. There are those who say that in the first instance one should be stringent on the leap month. This applies whether she is a widow or divorcee or committed adultery. There are those who are lenient where she committed adultery. One can be lenient with a woman who has given herself up for promiscuity, so that her husband watches her. Even if the woman gave her child to a wet nurse or she weaned the child within the 24 months, she may not remarry, even if the wet nurse swore or took a vow on the public that she would not retract. There are those who say that if the wet nurse swore and the couple then married, the husband would not have to divorce her. This applies even if she swore to a prestigious person such as those who frequent the king’s courtyard. If her child died, however, she would be permitted to marry and we are not concerned that she may have killed the child. Likewise, if the mother weaned the child while the husband was still alive, or she never nursed, such as where her breasts had dried up, or her milk stopped while her husband was alive and she hired a wet nurse while he was still live, or if she gave her child to a wet nurse three months before her husband died and she did not nurse the child at all for three months, she would be permitted to marry.

Paragraph 12- If one broke the law and married a pregnant woman or a woman nursing during the prohibited timeframe, we would excommunicate him unless he fled. He would be required to divorce his wife with a get, even if he was a kohen. He must give her the kesubah money if she claims it. If he is a yisrael he can marry her after the 24 nursing months, and he would write her another kesubah. If he married and fled, and later came back and lived with his wife, there is no issue. If he performed kiddushin on a pregnant or nursing woman, we would not compel him to divorce. He cannot complete the marriage until the nursing time is up or the child dies. There are those who say there is no distinction between kiddushin and nissuin, and this is the primary ruling. See earlier in this Siman in paragprah 10 what our practice is.

Paragraph 13- If a widow was nursing her child, she can say she is only nursing the child for payment and can demand her kesubah payment immediately, even though she cannot remarry for 24 months. It makes no difference whether she began nursing or did not being nursing.

Paragraph 14-There are those who say that the foregoing reference to a divorcee is only where she nursed the child prior to divorce until the child recognized her. It would not apply, however, prior to this time period because if she wants she does not have to nurse the baby at all, even for payment. There are those who say that if a woman’s husband died and left her pregnant, and she gave birth and did not nurse, she must wait 24 months. The implication from this opinion is that it applies to a divorcee as well.