Translation:Shulchan Aruch/Even ha-Ezer/40

From Wikisource
Jump to navigation Jump to search

Paragraph 1- If one tells a woman that he is marrying her with this perutah, effective in 30 days, even if the money was consumed within the 30 days, she would be married after 30 days. If he or she backs out within the 30 days, she would not be married. There are those who say that if he married via document, and the document is no longer in existence after 30 days, but had been torn or misplaced within the 30 days, she would not be married. If one marries the woman for 30 days, she would married eternally.

Paragraph 2- If a second person came and married the woman within 30 days, she would be married eternally to the second husband because at the time the second husband married her, she was not married. The second marriage took effect and she became a married woman. After 30 days, when the initial marriage arrives, it finds the woman as married, resulting in the first person marrying a married woman, which does not take effect. If the second husband died or divorced her within 30 days, however, the initial marriage would take effect and she would thus need a get from the first husband. There are those who disagree.

Paragraph 3- If one tells a woman that he is marrying her “effective now, and 30 days from now,” and another man came and married her within 30 days, her marriage to both of them is in doubt. Thus, both must give her a get, whether within the 30 days or after the 30 days.

Paragraph 4- If a man tell a woman that he is marrying her “effective now, and 30 days from now,” and another comes and says he is marrying “effective now, and 20 days from now,” and another comes and says he is marrying her “effective now, and 10 days from now,” even if 100 men come in this pattern, the marriage of all of them would be effective and she would need a get from each of them because each marriage is uncertain.

Paragraph 5- If one tells a woman he is marrying her with this perutah after he converts, after she converts, after he is freed, after she is freed, after her husband dies or after her sister dies, she would not be married because he is unable to marry her now.

Paragraph 6- If one tells his deceased brother’s wife that she would be married to him with this perutah once she performed chalitza on him, her marriage would be uncertain.

Paragraph 7- If one gives two perutos to a woman, and he tells her that she is married to him with one of the perutahs and she is married to him following their divorce with the other perutah, she would be married, and following her divorce, her marriage would be uncertain. If he gives a perutah to a married woman and says she shall be married to him after she is divorced of if he gives a perutah to his wife and says she should be married to him after he divorces her, it would be of no effect.

Paragraph 8- If one tells another that if the other’s wife gives birth to a female then she should be married to him, it would be of no effect. According to the Rambam and other authorities, if the other’s wife was pregnant and the existence of the fetus was visible, the daughter would be married. The husband would need to marry her again from her father after the mother gave birth so that he would perform marriage ceremony without any defect.