Translation:Shulchan Aruch/Even ha-Ezer/26
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To not betroth through sex, and the prohibition of sex with an unmarried woman even if she is dedicated to him |
שלא לקדש בביאה, ואיסור ביאה על הפנויה אפילו אם יחדה |
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Paragraph 1 – A woman is not considered to be married except by way of betrothal in which the kosher betrothal was done appropriately. However, if he were to lie with her by way of harlotry, without the name of betrothal, it is nothing (towards her status as being a married woman). Even if he lies with her with the intent of marriage, mutually agreed between him and her, she is not considered as his wife and even if she dedicated herself only for him, rather the opposite is true and he must be forced (by Beis Din) to send her away from his home. Rem"a: For certainly she would be considered an embarrassment for immersion in a mikveh and he will lie with her in ritual impurity (niddah); however, if she dedicates herself exclusively for him as his wife and she immerses for him, there are those who would say that this is allowed and she would be a Pilegesh as described in the Torah and there are those who say that this is forbidden and they should both get whiplashes from the Torah as they have transgressed the precept "don't be a harlot." A Kuti who marries a Kutis and even a Mumar who marries a Mumerres in their (non-Torah) customs and they convert (or want to follow Halacha) afterwards, we are not at all concerned that they had an appropriate betrothal and he is permitted to send her out her without a Get, even though he remained together with her many years, this relationship is not considered anything but simple harlotry, see Halachah 149:6. |
סעיף א – |
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Paragraph 2 – If he brings a wife to the Huppah without appropriate betrothal, they are not married, but some say that they are doubtfully betrothed.
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סעיף ב – |
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Paragraph 3 – A betrothed woman is considered as a man's wife in that if another lies with her, they will be guilty of adultery and she would need a divorce in order to marry another man.
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סעיף ג – |
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Paragraph 4 – The woman is betrothed in 3 ways; with money, a document or with intimate relations, as learned from the Torah, but our sages prohibited betrothal by having relations because of impropriety, and if they transgressed this and he betrothed her with relations, he receives rabbinically decreed whiplashes and she is still betrothed. Even if he betrothed her with money or with a document and they did not arrange the marriage agreement beforehand or he betrothed her in the market place, he receives rabbinically decreed whiplashes and she is still betrothed. Rem"a: There are those who say that we don't give whiplashes if he betrothed her with money or a document, even in the market and without any arrangement and in my life, I never saw someone given whiplashes for becoming betrothed without arrangement.
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סעיף ד – |