ב"ה

Rambam - 1 Chapter a Day

Gerushin - Chapter Eleven

Show content in:

Gerushin - Chapter Eleven

1

One should not marry a girl below the age of majority.1 When a man marries an orphan girl below the age of majority, and [before she attains majority] she [decides that] she does not desire [to remain married to] this husband, she rejects [the marriage] and departs; a get is not required, because a consecration effected by a minor does not establish a marriage bond in the full sense, as explained.2 [The annulment of a marriage in this manner is referred to as mi'un.]

Similarly, when a girl below majority was married at her father's initiative,3 but was then widowed or divorced while still a minor, she is considered to be an orphan, although her father is alive.4 If she marries again while she is below the age of majority, she may annul her marriage through mi'un.

א

אֵין נוֹשְׂאִין אֶת הַקְּטנָּה. וְהַנּוֹשֵׂא קְטַנָּה יְתוֹמָה וְלֹא רָצְתָה בַּבַּעַל הֲרֵי זוֹ מְמָאֶנֶת וְהוֹלֶכֶת וְאֵינָהּ צְרִיכָה מִמֶּנּוּ גֵּט. שֶׁאֵין קִדּוּשִׁין שֶׁל קְטַנָּה קִדּוּשִׁין גְּמוּרִין כְּמוֹ שֶׁבֵּאַרְנוּ. וְכֵן קְטַנָּה שֶׁהִשִּׂיאָהּ אָבִיהָ וְנִתְאַלְמְנָה אוֹ נִתְגָּרְשָׁה כְּשֶׁהִיא קְטַנָּה הֲרֵי הִיא כִּיתוֹמָה בְּחַיֵּי אָבִיהָ. וְאִם נִשֵּׂאת כְּשֶׁהִיא קְטַנָּה הֲרֵי זוֹ מְמָאֶנֶת:

2

Although the marriage of a woman who is a deaf-mute is a Rabbinic institution like that of a minor, our Sages did not give her the right to annul it through mi'un, so that men would not refrain from marrying her.5

ב

הַחֵרֶשֶׁת אַף עַל פִּי שֶׁנִּשּׂוּאֶיהָ מִדִּבְרֵי סוֹפְרִים כְּנִשּׂוּאֵי קְטַנָּה לֹא תִּקְּנוּ לָהּ שֶׁתְּמָאֵן כְּדֵי שֶׁלֹּא יִמָּנְעוּ מִלְּנָשְׂאָהּ:

3

A minor can annul her marriage via mi'un whether she has been merely consecrated or [even if] the marriage has been consummated. [She can exercise this privilege] in her husband's presence, or outside his presence. Just as she can annul her marriage to her husband, she can annul her relationship to a yavam.6

Just as she can annul one marriage through mi'un, so too, she can annul a second marriage or a third marriage. Indeed, [she can exercise this privilege] any number of times.7

As long as she is a minor, she has the right to annul her marriage through mi'un. When a minor does not exercise the right of mi'un and becomes consecrated to another man despite the fact that she was married, [the consecration is binding]. Becoming consecrated is [obviously] a rejection [- and thus an annulment - of her previous marriage].

ג

מְמָאֶנֶת הִיא הַקְּטַנָּה בֵּין מִן הָאֵרוּסִין בֵּין מִן הַנִּשּׂוּאִין. בֵּין בִּפְנֵי בַּעְלָהּ בֵּין שֶׁלֹּא בְּפָנָיו. וּכְשֵׁם שֶׁמְּמָאֶנֶת בְּבַעַל כָּךְ מְמָאֶנֶת בְּיָבָם. וּמְמָאֶנֶת בְּבַעַל זֶה וּמְמָאֶנֶת בְּשֵׁנִי אִם נִשֵּׂאת לְאַחֵר וְכֵן בִּשְׁלִישִׁי אֲפִלּוּ כַּמָּה פְּעָמִים כָּל זְמַן שֶׁהִיא קְטַנָּה יֵשׁ לָהּ לְמָאֵן. וּקְטַנָּה שֶׁלֹּא מֵאֲנָה אַף עַל פִּי שֶׁהִיא נְשׂוּאָה וְהָלְכָה וְנִתְקַדְּשָׁה לְאַחֵר כְּשֶׁהִיא קְטַנָּה קִדּוּשֶׁיהָ הֵם הֵם מֵאוּנֶיהָ:

4

Until when may a girl annul her marriage through mi'un? Throughout the entire time she is a minor, until she becomes a na'arah,8 or until it is known that she becomes classified as an aylonit.9

When does the above10 apply? When her husband did not engage in marital relations with her after she became twelve years and one day old. If, however, the couple engaged in relations after she reached this age, since these relations consecrate her according to Scriptural law, as explained,11 she no longer has the right to annul her marriage through mi'un.

Similarly, [when the woman reaches this age, we assume that she has lost her right to annul her marriage through mi'un]. She need not be checked for signs of physical maturity, for it is assumed that she has manifested them.12

ד

עַד מָתַי הַבַּת מְמָאֶנֶת. כָּל זְמַן שֶׁהִיא קְטַנָּה עַד שֶׁתִּהְיֶה נַעֲרָה אוֹ עַד שֶׁיִּוָּדַע שֶׁהִיא אַיְלוֹנִית. בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁלֹּא בָּא עָלֶיהָ הַבַּעַל אַחַר שֶׁנַּעֲשֵׂית בַּת י״‎ב שָׁנָה וְיוֹם אֶחָד. אֲבָל אִם הִגִּיעָה לַזְּמַן הַזֶּה וְנִבְעֲלָה הוֹאִיל וְהַבְּעִילָה קוֹנָה מִן הַתּוֹרָה כְּמוֹ שֶׁבֵּאַרְנוּ הֲרֵי זוֹ אֵינָהּ מְמָאֶנֶת. וְאֵינָהּ צְרִיכָה בְּדִיקָה לְמֵאוּן שֶׁחֶזְקָתָהּ שֶׁהֵבִיאָה סִימָנִין:

5

If she has undergone a physical inspection, and no signs of maturity were discovered, but she engaged in marital relations after the age when she could have manifested signs of maturity, we suspect that pubic hairs had grown and later fell off. Because of the doubt, the marriage must be dissolved with a get.

If a woman [who engaged in marital relations with her husband after reaching the age of twelve attempts to] annul her marriage through mi'un after undergoing a physical examination,13 and then is consecrated by another person, [her second husband also] must dissolve their relationship with a get, because of the doubt involved.14 If she married [the second husband], she must be divorced by both husbands and there is a doubt concerning the legitimacy of a child born to either of them [after her consecration to her second husband].15

ה

הֲרֵי שֶׁנִּבְדְּקָה וְלֹא נִמְצְאוּ לָהּ סִימָנִים הוֹאִיל וְנִבְעֲלָה אַחַר שֶׁהִגִּיעָה לַזְּמַן הָרָאוּי לְסִימָנִין הֲרֵי זוֹ חוֹשְׁשִׁין לָהּ שֶׁמָּא הֵבִיאָה וְנָשְׁרוּ. וּלְפִיכָךְ צְרִיכָה גֵּט מִסָּפֵק. וְאִם מֵאֲנָה אַחַר שֶׁנִּבְדְּקָה וְנִתְקַדְּשָׁה לְאַחֵר צְרִיכָה מִמֶּנּוּ גֵּט מִסָּפֵק. וְאִם נִשֵּׂאת תֵּצֵא מִזֶּה וּמִזֶּה וְהַוָּלָד סְפֵק מַמְזֵר מִשְּׁנֵיהֶם:

6

When a minor does not exercise her right to mi'un and attains majority, she no longer has this privilege. [This applies] even when she did not engage in marital relations with her husband after reaching the age of twelve years and one day. Since she has attained majority, it is a Rabbinic decree that a divorce is required [if the marriage must be dissolved].

[The rationale for this ruling is as follows:] The couple did not engage in marital relations after she reached the age of na'arut, in which instance it would be necessary to suspect that she manifested signs of physical maturity, and accordinly, there would be a doubt whether or not a marriage bond had been established. Nor did they engage in relations after she attained majority, in which instance she would become a married woman in all regards. Accordingly, the only reason she requires a get is the fact of her marriage as a minor, which is a Rabbinic institution.

Based on the above, if another man consecrated her after she attained majority, [when she had not engaged in marital relations with her first husband from the age of twelve onward,] the second man's consecration is binding.16 As such, if her first husband divorces her, her second husband may consummate the marriage. If, however, her second husband divorces her, her first husband may not continue his marriage with her. [This is a decree, instituted] lest people say: "He remarried his divorcee after she was consecrated."17

If her second husband engaged in marital relations with her before her first husband divorced her, she must be divorced by both men. [This is a decree instituted] because [the situation] resembles an instance in which a woman heard that her husband died, she married, and then her first husband returned.18 [The laws governing the two situations are not entirely analogous. In this instance,] a child fathered by the second husband is not illegitimate.19 But if her first husband engages in relations with her before her second husband divorces her, any child born is illegitimate.20

ו

קְטַנָּה שֶׁלֹּא מֵאֲנָה וְהִגְדִּילָה וְאַף עַל פִּי שֶׁלֹּא בְּעָלָהּ בַּעְלָהּ מִשֶּׁנַּעֲשֵׂית בַּת שְׁתֵּים עֶשְׂרֵה שָׁנָה וְיוֹם אֶחָד הֲרֵי זוֹ אֵינָהּ מְמָאֶנֶת שֶׁהֲרֵי הִגְדִּילָה. וּצְרִיכָה גֵּט מִדִּבְרֵי סוֹפְרִים שֶׁהֲרֵי לֹא בָּא עָלֶיהָ אַחַר שֶׁהִגִּיעָה לִשְׁנֵי נַעֲרוּת עַד שֶׁנָּחוּשׁ לָהּ שֶׁמָּא הֵבִיאָה סִימָנִין וְתִהְיֶה סָפֵק מְקֻדֶּשֶׁת, וְלֹא בָּא עָלֶיהָ אַחַר שֶׁהִגְדִּילָה כְּדֵי שֶׁתִּהְיֶה אֵשֶׁת אִישׁ גְּמוּרָה. וְנִמְצֵאת שֶׁאֵינָהּ צְרִיכָה גֵּט אֶלָּא מִנִּשּׂוּאֵי קַטְנוּת שֶׁהֵן מִדִּבְרֵי סוֹפְרִים. לְפִיכָךְ אִם עָמְדָה וְנִתְקַדְּשָׁה אַחַר שֶׁגָּדְלָה תּוֹפְסִין בָּהּ קִדּוּשִׁין שֶׁל שֵׁנִי. וְאִם גֵּרֵשׁ הָרִאשׁוֹן יִכְנֹס הַשֵּׁנִי. אֲבָל אִם גֵּרֵשׁ שֵׁנִי לֹא יְקַיֵּם רִאשׁוֹן שֶׁמָּא יֹאמְרוּ הֶחֱזִיר גְּרוּשָׁתוֹ מֵאַחַר שֶׁנִּתְאָרְסָה. וְאִם בָּא עָלֶיהָ שֵׁנִי קֹדֶם שֶׁיְּגָרֵשׁ רִאשׁוֹן תֵּצֵא מִזֶּה וּמִזֶּה מִפְּנֵי שֶׁדּוֹמֶה לְאִשָּׁה שֶׁשָּׁמְעָה שֶׁמֵּת בַּעְלָהּ וְנִשֵּׂאת וְאַחַר כָּךְ בָּא בַּעְלָהּ. וְאֵין הַוָּלָד מִן הַשֵּׁנִי מַמְזֵר. וְאִם בָּא עָלֶיהָ רִאשׁוֹן קֹדֶם שֶׁגֵּרֵשׁ שֵׁנִי הַוָּלָד מַמְזֵר:

7

In which instances must a minor perform the rite of mi'un [to nullify her marriage]? [Our Sages established the following guidelines.] If she was between six and ten [when she was consecrated], we investigate the extent of her sagacity.

If she knows to guard [the money given to her to effect] the kiddushin, appreciates that it was given for that purpose and will guard it differently from the way in which she would guard a nut, a date or the like, she must perform the rite of mi'un [to nullify her marriage].

If she does not know to guard [the money given to her to effect] the kiddushin, she need not perform the rite of mi'un [to nullify her marriage]. Instead, she returns to her mother's home as if she had never been consecrated. If she is less than six, even if she knows [how to guard the money given her,] she need not perform the rite of mi'un. If she is more than ten, even if she is very inept, she must perform the rite of mi'un.21

Whenever a girl's brother, mother or relatives arranged for her marriage without telling her of the identity of the groom, she need not perform the rite of mi'un [to nullify her marriage].22

ז

אֵי זוֹ הִיא קְטַנָּה שֶׁצְּרִיכָה לְמָאֵן. מִבַּת שֵׁשׁ עַד בַּת עֶשֶׂר שָׁנִים בּוֹדְקִין אוֹתָהּ לְפִי יְפִי דַּעְתָּהּ אִם יוֹדַעַת לִשְׁמֹר קִדּוּשֶׁיהָ וְשֶׁהֵן קִדּוּשִׁין לֹא שֶׁתִּשְׁמֹר אוֹתָן כְּדֶרֶךְ שֶׁמְּשַׁמֶּרֶת הָאֱגוֹז וּתְמָרָה וְכַיּוֹצֵא בָּהֶן הֲרֵי זוֹ צְרִיכָה מֵאוּן. וְאִם אֵינָהּ יוֹדַעַת לִשְׁמֹר קִדּוּשֶׁיהָ אֵינָהּ צְרִיכָה לְמָאֵן אֶלָּא הוֹלֶכֶת לְבֵית אִמָּהּ כְּאִלּוּ לֹא נִתְקַדְּשָׁה מֵעוֹלָם. וּפְחוּתָה מִבַּת שֵׁשׁ אֲפִלּוּ יוֹדַעַת לִשְׁמֹר אֵינָהּ צְרִיכָה מֵאוּן. וִיתֵרָה עַל בַּת עֶשֶׂר אֲפִלּוּ סְכָלָה בְּיוֹתֵר צְרִיכָה מֵאוּן. וְכָל מִי שֶׁהִשִּׂיאוּהָ אַחֶיהָ אוֹ אִמָּהּ אוֹ קְרוֹבֶיהָ שֶׁלֹּא לְדַעְתָּהּ אֵינָהּ צְרִיכָה לְמָאֵן:

8

What does the rite of mi'un entail? She tells two witnesses:23 "I no longer desire my husband so and so," "I no longer desire to be consecrated [to the man] to whom my mother - or my brother - consecrated me," or the like.

[The above applies] even if the two individuals are guests dining in her husband's home and she is serving them. If she tells them, "I no longer desire my husband so and so," she has performed mi'un.

ח

כֵּיצַד מְמָאֶנֶת. אוֹמֶרֶת בִּפְנֵי שְׁנֵי עֵדִים אֵין רְצוֹנִי בִּפְלוֹנִי בַּעְלִי. אוֹ אֵין רְצוֹנִי בַּקִּדּוּשִׁין שֶׁקִּדְּשׁוּנִי אִמִּי אוֹ אַחַי. וְכַיּוֹצֵא בִּדְבָרִים אֵלּוּ. אֲפִלּוּ הָיוּ אוֹרְחִין מְסֻבִּין בְּבֵית בַּעְלָהּ וְהִיא עוֹמֶדֶת וּמַשְׁקָה עֲלֵיהֶן וְאָמְרָה אֵינִי רוֹצָה בִּפְלוֹנִי בַּעְלִי הֲרֵי זֶה מֵאוּן:

9

The two individuals in whose presence the minor performs the rite of mi'un should write the following for her: "On this and this day, _______________the daughter of _____________ rejected her husband." They sign the document and give it to her. This is the essential portion of a deed of mi'un.

A deed of mi'un does not resemble a bill of divorce, in which the giving of the bill effects the divorce.24 It need not be written with the proper intent, nor must it be transferred, nor do any of the laws required for a bill of divorce apply with regard to it. The wording used for a get is not used for it, lest it appear to be a get.25 It is merely a legal record.

ט

הַשְּׁנַיִם שֶׁמְּמָאֶנֶת הַקְּטַנָּה בִּפְנֵיהֶן כּוֹתְבִין לָהּ בְּיוֹם פְּלוֹנִי מֵאֲנָה פְּלוֹנִית בַּת פְּלוֹנִי בְּפָנֵינוּ בִּפְלוֹנִי בַּעְלָהּ וְחוֹתְמִין וְנוֹתְנִין לָהּ. וְזֶה הוּא גּוּפוֹ שֶׁל גֵּט מֵאוּן. וְגֵט מֵאוּן אֵינוֹ כְּגֵט הַגֵּרוּשִׁין שֶׁנְּתִינָתוֹ מְגָרְשָׁהּ. וְאֵינוֹ צָרִיךְ כְּתִיבָה לִשְׁמָהּ וְלֹא מְסִירָה וְלֹא דָּבָר מִמִּשְׁפְּטֵי גֵּט הַגֵּרוּשִׁין. וְאֵין כּוֹתְבִין בּוֹ טָפְסֵי הַגֵּט שֶׁמָּא יֵרָאֶה כְּגֵט גֵּרוּשִׁין לְפִי שֶׁאֵינוֹ אֶלָּא כְּמַעֲשֵׂה בֵּית דִּין:

10

The two individuals before whom a girl makes a statement of mi'un must know the identity of the girl and her husband. Therefore, whoever sees [a girl] make a statement of mi'un [in the presence of two other people] and hears that statement, is entitled to write a legal record of this statement, even though he was not aware of [the girl's] identity beforehand.26

It has become customary for the Jewish people to write a legal record of a statement of mi'un, employing the following text.

י

הַשְּׁנַיִם שֶׁמְּמָאֶנֶת בִּפְנֵיהֶן צְרִיכִין שֶׁיְּהוּ מַכִּירִין אוֹתָהּ וְאֶת בַּעְלָהּ שֶׁמֵּאֲנָה בּוֹ. לְפִיכָךְ כָּל מִי שֶׁרָאָה אוֹתָהּ שֶׁמֵּאֲנָה וְשָׁמַע מֵאוּנֶיהָ יֵשׁ לוֹ לִכְתֹּב גֵּט מֵאוּן לָהּ אַף עַל פִּי שֶׁאֵין מַכִּירָהּ. וּכְבָר נָהֲגוּ יִשְׂרָאֵל לִכְתֹּב גֵּט מֵאוּן בְּנֹסַח זֶה:

11

A legal record of a statement of mi'un:

On this day of the week, and on this day of the month, in this year according to the following reckoning,27 so and so, the daughter of so and so (her father's name) issued a protest in our presence, saying: "My mother or my brother misled me and had me married - or consecrated - to so and so, the son of so and so (his father's name) while I was a minor. I am now making a statement in your presence that I do not desire him, nor can I live with him." We have had so and so undergo a physical examination,28 and it has been established that she is still a minor. [Hence,] we have written and signed this [legal document] and have given it to her to serve as support and clear evidence.

So and so, the son of so and so (his father's name), a witness;

So and so, the son of so and so (his father's name), a witness.

יא

גט מאון:
בְּכָךְ בְּשַׁבָּת כָּךְ וְכָךְ יוֹם לְחֹדֶשׁ פְּלוֹנִי שְׁנַת כָּךְ וְכָךְ לְמִנְיַן פְּלוֹנִי מֵאֲנָה פְּלוֹנִית בַּת פְּלוֹנִי בְּפָנֵינוּ וְאָמְרָה שֶׁאִמִּי אוֹ אַחַי הִטְעוּנִי וְהִשִּׂיאוּנִי אוֹ קִדְּשׁוּנִי וַאֲנִי קְטַנָּה לִפְלוֹנִי בַּר פְּלוֹנִי וְהַשְׁתָּא גִּלִּיתִי דַּעְתִּי קָדֳמֵיכוֹן דְּלָא צָבִינָא בֵּיהּ וְלֹא קָאֵימְנָא עִמֵּיהּ. וּבְדַקְנָא פְּלוֹנִית דָּא וְאִתְבָּרֵר לָנָא דַּעֲדַיִן קְטַנָּה הִיא וּכְתַבְנָא וַחֲתַמְנָא וְיָהִיבְנָא לָהּ לִזְכוּת וְלִרְאָיָה בְּרוּרָה: פְּלוֹנִי בַּר פְּלוֹנִי עֵד: פְּלוֹנִי בַּר פְּלוֹנִי עֵד:

12

When a man divorces his wife, and she becomes consecrated to another man, she is forbidden to her first [husband], even though she has not engaged in marital relations [with her second husband]. If her first [husband] remarries her and engages in sexual relations with her,29 he [transgresses a negative commandment,30 and] is punished by lashes. He is forced to divorce her, as [implied by Deuteronomy 24:4]: "Her first husband, who sent her away, may not [return and remarry her]."

יב

הַמְגָרֵשׁ אֶת אִשְׁתּוֹ וְנִתְקַדְּשָׁה לְאַחֵר אַף עַל פִּי שֶׁלֹּא בְּעָלָהּ נֶאֶסְרָה עַל הָרִאשׁוֹן. וְאִם הֶחֱזִיר הָרִאשׁוֹן וּבְעָלָהּ לוֹקֶה וְכוֹפִין אוֹתוֹ לְהוֹצִיא שֶׁנֶּאֱמַר (דברים כד ד) ״‎לֹא יוּכַל בַּעְלָהּ הָרִאשׁוֹן״‎ וְגוֹ':

13

If she engaged in promiscuous relations with another man while she was divorced, she is permitted to remarry her husband, for it is written [Deuteronomy 24:2]: "And she departed from his home and went and became another man's [wife]." It is "becom[ing] another man's [wife]" - i.e., being consecrated - which causes her to become forbidden to remarry her [first] husband.

יג

זִנְּתָה עִם אַחֵר כְּשֶׁהִיא גְּרוּשָׁה מֻתֶּרֶת לַחֲזֹר לְבַעְלָהּ שֶׁנֶּאֱמַר (דברים כד ב) ״‎וְיָצְאָה מִבֵּיתוֹ וְהָלְכָה וְהָיְתָה לְאִישׁ אַחֵר״‎. הֲוָיָתָהּ לְאִישׁ אַחֵר שֶׁהִיא הַקִּדּוּשִׁין הִיא שֶׁאוֹסֶרֶת אוֹתָהּ עַל בַּעְלָהּ לַחֲזֹר לוֹ:

14

Included in this prohibition is that every woman who engaged in adulterous relations becomes forbidden to her husband. He is punished by lashes [for engaging in marital relations with her],31as [implied by the inclusion of the phrase] "after she has become tainted" in [Deuteronomy 24:4]: "And [an adulterous woman] has been tainted." There is one exception: the wife of an Israelite32 who was raped.33

Therefore, whenever a woman becomes forbidden to her husband, because she violated his warning against entering into privacy with another man,34 and he engages in relations with her, he is punished by stripes of rebellion.35 If after divorcing his wife [for such reasons], the husband transgresses and remarries her, he must divorce her.

יד

וּבִכְלַל לָאו זֶה שֶׁכָּל אִשָּׁה שֶׁזִּנְּתָה תַּחַת בַּעְלָהּ נֶאֶסְרָה עָלָיו וְלוֹקֶה עָלֶיהָ שֶׁנֶּאֱמַר (דברים כד ד) ״‎אַחֲרֵי אֲשֶׁר הֻטַּמָּאָה״‎ וַהֲרֵי נִטְמְאָה. אֶלָּא אִם כֵּן הָיְתָה אֵשֶׁת יִשְׂרָאֵל שֶׁנֶּאֶנְסָה. לְפִיכָךְ כָּל אִשָּׁה שֶׁנֶּאֶסְרָה עַל בַּעְלָהּ עַל יְדֵי קִנּוּי וּסְתִירָה אִם בָּעַל אוֹתָהּ מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת. וְאִם עָבַר וְהֶחֱזִירָהּ אַחַר שֶׁגֵּרְשָׁהּ יוֹצִיא בְּגֵט:

15

A deaf-mute may divorce his wife with signals, as explained.36 [If such a woman] went and became consecrated to another deaf-mute [and is then divorced], she is forbidden to be remarried to her first husband. Needless to say, [this applies if her second husband] was a mentally competent individual.

If, however, a woman who had been married to a mentally competent individual and was divorced, married a deaf-mute and was divorced, she is permitted to remarry her first husband.37

טו

חֵרֵשׁ שֶׁגֵּרֵשׁ בִּרְמִיזָה כְּמוֹ שֶׁבֵּאַרְנוּ וְהָלְכָה וְנִתְקַדְּשָׁה לְחֵרֵשׁ אַחֵר וְאֵין צָרִיךְ לוֹמַר לְפִקֵּחַ אֲסוּרָה לַחֲזֹר לְבַעְלָהּ הַחֵרֵשׁ. אֲבָל אִשְׁתּוֹ שֶׁל פִּקֵּחַ שֶׁנִּתְגָּרְשָׁה וְהָלְכָה וְנִשֵּׂאת לְחֵרֵשׁ וְנִתְגָּרְשָׁה מֻתֶּרֶת לַחֲזֹר לְבַעְלָהּ הַפִּקֵּחַ:

16

A girl who leaves her husband by virtue of the rite of mi'un is not considered to be divorced by him.38 The laws applying to her relations with her husband whom she rejected are the same as those applying to a man who has never consecrated her. She is permitted to marry his relatives. He is permitted to marry her relatives. Nor is she disqualified from marrying into the priesthood.

If she married another man and was divorced or widowed, or she nullified her relationship with him through mi'un, she is permitted to remarry him. Moreover, even if her first husband divorced her [while she was still a minor], remarried her, she then nullified their relationship via mi'un and married another man and was divorced by him, she may remarry her first husband.39

[The rationale is that] whenever a girl leaves a marriage via the rite of mi'un, it is considered as if she had never been divorced via a get, and she may remarry her first husband. [This applies] even if she was once divorced [by this man] before mi'un.

When, by contrast, a man divorces his wife - who is a minor - with a get, she marries another man and then nullifies the marriage through mi'un, she may not remarry her first husband, because although her final marriage was terminated by mi'un, her marriage [to her first husband] was terminated by a divorce.40 Needless to say, this applies if the second husband divorced her or he died.

Similarly, she is forbidden to the father of her first husband, his son and his brothers, as are other divorced women. [This applies despite the fact that] she terminates her marriage to her second husband via mi'un.

טז

הַמְמָאֶנֶת בְּאִישׁ אֵינָהּ מְגֹרֶשֶׁת מִמֶּנּוּ. וְדִינָהּ עִם בַּעְלָהּ שֶׁמֵּאֲנָה בּוֹ כְּדִינָהּ עִם מִי שֶׁלֹּא קִדְּשָׁהּ מֵעוֹלָם. הִיא מֻתֶּרֶת בִּקְרוֹבָיו וְהוּא מֻתָּר בִּקְרוֹבוֹתֶיהָ וְלֹא פְּסָלָהּ מִן הַכְּהֻנָּה. וְאִם נִשֵּׂאת לְאַחֵר וְגֵרְשָׁהּ הָאַחֵר אוֹ מֵת אוֹ מֵאֲנָה בּוֹ מֻתֶּרֶת לַחֲזֹר לָרִאשׁוֹן. וְלֹא עוֹד אֶלָּא אֲפִלּוּ גֵּרְשָׁהּ הָרִאשׁוֹן וְהֶחֱזִירָהּ וּמֵאֲנָה בּוֹ וְנִשֵּׂאת לְאַחֵר אַחַר שֶׁמֵּאֲנָה בּוֹ וְגֵרְשָׁהּ הָאַחֵר מֻתֶּרֶת לַחֲזֹר לָרִאשׁוֹן. שֶׁכָּל הַיּוֹצֵאת בְּמֵאוּן אַף עַל פִּי שֶׁקְּדָמוֹ גֵּט הֲרֵי זוֹ כְּמִי שֶׁלֹּא נִתְגָּרְשָׁה מִמֶּנּוּ בְּגֵט מֵעוֹלָם וּמֻתֶּרֶת לַחֲזֹר לוֹ. אֲבָל הַמְגָרֵשׁ אֶת הַקְּטַנָּה בְּגֵט וְנִשֵּׂאת לְאַחֵר וּמֵאֲנָה בּוֹ אֲסוּרָה לַחֲזֹר לָרִאשׁוֹן מִפְּנֵי שֶׁיָּצָאת מִמֶּנּוּ בְּגֵט אַף עַל פִּי שֶׁיָּצָאת מִן הָאַחֲרוֹן בְּמֵאוּן. וְאֵין צָרִיךְ לוֹמַר אִם גֵּרְשָׁהּ הָאַחֲרוֹן אוֹ מֵת. וְכֵן אֲסוּרָה לַאֲבִי הָרִאשׁוֹן וְלִבְנוֹ וּלְאָחִיו כִּשְׁאָר הַגְּרוּשׁוֹת אַף עַל פִּי שֶׁיָּצָאת מִן הָאַחֲרוֹן בְּמֵאוּן:

17

When a girl nullifies her connection to a yavam through mi'un, she remains forbidden to his father, for she appears to be his daughter-in-law, since [that was her status] when his son died. She is, however, permitted to marry [her late husband's] other relatives.41 Thus, although she rejected a potential yavam with mi'un, she is permitted to marry his brother.

יז

הַמְמָאֶנֶת בְּיָבָם אֲסוּרָה לְאָבִיו מִפְּנֵי שֶׁנִּרְאֵית כְּכַלָּתוֹ בְּעֵת שֶׁמֵּת בְּנוֹ. אֲבָל לִשְׁאָר קְרוֹבִים מֻתֶּרֶת. לְפִיכָךְ אִם מֵאֲנָה בְּאֶחָד מִן הַיָּבָמִין מֻתֶּרֶת לְאֶחָיו:

18

Whenever a woman is divorced or widowed, she should neither marry nor be consecrated42 until 90 days pass between the day she was divorced or her husband died and the day on which she became consecrated. [This interval was required] to see whether or not she is pregnant, and thus to differentiate between the seed of the first husband and the seed of the second husband.43

יח

כָּל אִשָּׁה שֶׁנִּתְגָּרְשָׁה אוֹ שֶׁנִּתְאַלְמְנָה הֲרֵי זוֹ לֹא תִּנָּשֵׂא וְלֹא תִּתְאָרֵס עַד שֶׁתַּמְתִּין תִּשְׁעִים יוֹם חוּץ מִיּוֹם שֶׁנִּתְגָּרְשָׁה אוֹ שֶׁמֵּת בַּעְלָהּ בּוֹ וְחוּץ מִיּוֹם שֶׁנִּתְאָרְסָה בּוֹ. כְּדֵי שֶׁיִּוָּדַע אִם הִיא מְעֻבֶּרֶת אוֹ אֵינָהּ מְעֻבֶּרֶת לְהַבְחִין בֵּין זַרְעוֹ שֶׁל רִאשׁוֹן לְזַרְעוֹ שֶׁל שֵׁנִי:

19

We count [these 90 days] from the day the get is written; [this applies] even when it was written on a conditional basis, or it did not reach the woman until years afterwards. [The rationale is] that from the time [a get] is written, [a woman's husband] no longer enters into privacy with her.44

יט

וּמִיּוֹם כְּתִיבַת הַגֵּט מוֹנִין לִמְגֹרֶשֶׁת. וַאֲפִלּוּ הָיָה עַל תְּנַאי אוֹ שֶׁלֹּא הִגִּיעַ לְיָדָהּ אֶלָּא לְאַחַר כַּמָּה שָׁנִים מִיּוֹם הַכְּתִיבָה מוֹנִין. שֶׁהֲרֵי אֵינוֹ מִתְיַחֵד עִמָּהּ מִשֶּׁכְּתָבוֹ לָהּ:

20

[Included] in this decree of our Sages is that even a woman who is not fit to give birth, and even one who was divorced or widowed after merely being consecrated, must wait 90 days. I.e., even a minor, an elderly woman, a barren woman or an aylonit, even a woman whose husband was overseas, sick or imprisoned, and indeed, even a woman who is a virgin despite being consecrated, must wait 90 days.45

כ

וּגְזֵרַת חֲכָמִים הִיא שֶׁאֲפִלּוּ אִשָּׁה שֶׁאֵינָהּ רְאוּיָה לֵילֵד וַאֲפִלּוּ נִתְגָּרְשָׁה אוֹ נִתְאַלְמְנָה מִן הָאֵרוּסִין צְרִיכָה לְהַמְתִּין תִּשְׁעִים יוֹם. אֲפִלּוּ קְטַנָּה אוֹ זְקֵנָה אוֹ עֲקָרָה אוֹ אַיְלוֹנִית. וַאֲפִלּוּ בַּעְלָהּ בִּמְדִינַת הַיָּם אוֹ חוֹלֶה אוֹ חָבוּשׁ בְּבֵית הַאֲסּוּרִין וַאֲפִלּוּ בְּתוּלָה מִן הָאֵרוּסִין צְרִיכוֹת לְהַמְתִּין תִּשְׁעִים יוֹם:

21

A maidservant who was freed and a non-Jewish woman who was converted are required to wait 90 days [before they marry].46 Even a gentile and his wife who convert together are required to separate for 90 days to differentiate between seed that was conceived in holiness and seed that was not conceived in holiness.

Similarly, although the Torah prescribed only [an interim of] 30 days for her own sake, a yefat to'ar47 must wait 90 days [to marry her captor] for the sake of the definition of her child's [status].48 The 30 [days mentioned by the Torah] are included in the 90-day interim.

כא

שִׁפְחָה שֶׁנִּשְׁתַּחְרְרָה וְגִיּוֹרֶת שֶׁנִּתְגַּיְּרָה מַמְתִּינִין תִּשְׁעִים יוֹם. וַאֲפִלּוּ גֵּר וְאִשְׁתּוֹ שֶׁנִּתְגַּיְּרוּ מַפְרִישִׁין אוֹתָן תִּשְׁעִים יוֹם כְּדֵי לְהַבְחִין בֵּין זֶרַע שֶּׁנִּזְרַע בִּקְדֻשָּׁה לְזֶרַע שֶׁלֹּא נִזְרַע בִּקְדֻשָּׁה. וְכֵן יְפַת תֹּאַר אַף עַל פִּי שֶׁנָּתְנָה לָהּ תּוֹרָה שְׁלֹשִׁים יוֹם לְתַקָּנַת עַצְמָהּ צְרִיכָה לְהַמְתִּין תִּשְׁעִים יוֹם לְתַקָּנַת הַוָּלָד. וְהַשְּׁלֹשִׁים מִכְּלַל הַתִּשְׁעִים:

22

A girl who annuls her marriage through mi'un need not wait [before remarrying]; our Sages' decree applied only to a divorcee. Similarly, a woman who has promiscuous relations need not wait, for she guards herself against becoming pregnant. Similarly, a woman who was raped or seduced need not wait.

כב

הַמְמָאֶנֶת אֵינָהּ צְרִיכָה לְהַמְתִּין. לֹא גָּזְרוּ אֶלָּא בִּגְרוּשָׁה. וְכֵן הַמְזַנָּה אֵינָהּ צְרִיכָה לְהַמְתִּין מִפְּנֵי שֶׁמְּשַׁמֶּרֶת עַצְמָהּ שֶׁלֹּא תִּתְעַבֵּר. וְכֵן אֲנוּסָה וּמְפֻתָּה אֵינָן צְרִיכוֹת לְהַמְתִּין:

23

[The following rule applies when] a girl below the age of majority who is not fit to give birth was married under a mistaken conception, discovered that she is forbidden to remain married to her husband and was forced to separate by the court. She need not wait, for this is an unlikely occurrence, and our Sages did not apply their decrees to situations that are out of the ordinary.49

כג

מִי שֶׁנִּשֵּׂאת בְּטָעוּת וְנוֹדַע שֶׁהִיא אֲסוּרָה לְבַעְלָהּ וְהוֹצִיאוּהָ בֵּית דִּין מִתַּחְתָּיו. אִם הָיְתָה קְטַנָּה שֶׁאֵינָהּ רְאוּיָה לֵילֵד אֵינָהּ צְרִיכָה לְהַמְתִּין. שֶׁזֶּה דָּבָר שֶׁאֵינוֹ מָצוּי הוּא וְכָל דָּבָר שֶׁאֵינוֹ מָצוּי בְּרֹב לֹא גָּזְרוּ בּוֹ:

24

When, within this 90-day period, [a man] consecrates [a woman who is required to wait], he is placed under a ban of ostracism.50 If he consecrates the woman and then temporarily flees [to a distant country], he is not placed under a ban of ostracism.51 If he consummates the marriage within the 90-day period, the couple are forced to separate until the conclusion of the interval, at which time they are allowed to live together as man and wife.

כד

הַמְאָרֵס בְּתוֹךְ תִּשְׁעִים יוֹם מְנַדִּין אוֹתוֹ. אֵרֵס וּבָרַח אֵין מְנַדִּין אוֹתוֹ. כָּנַס בְּתוֹךְ תִּשְׁעִים יוֹם מַפְרִישִׁין אוֹתָן עַד אַחַר זְמַן וְיַעֲמֹד עִם אִשְׁתּוֹ:

25

Similarly, our Sages decreed that a man should not marry a woman who is pregnant with a child conceived by another man, or a woman who is nursing a child conceived by another man, even though the parentage of the fetus is known.52

[The restriction concerning] a pregnant woman [was instituted,] lest [the other man] harm the fetus during sexual relations, for he is not concerned about his colleague's child. [And the decree concerning] a nursing mother [was instituted], lest the woman's milk spoil and her second husband fail to show concern for restoring her ability to nurse, by providing her with a diet that will remedy her difficulty.

כה

וְכֵן גָּזְרוּ חֲכָמִים שֶׁלֹּא יִשָּׂא אָדָם מְעֵבֶּרֶת חֲבֵרוֹ וּמֵינֶקֶת חֲבֵרוֹ. וְאַף עַל פִּי שֶׁהַזֶּרַע יָדוּעַ לְמִי הִיא מְעֻבֶּרֶת. שֶׁמָּא יַזִּיק הַוָּלָד בִּשְׁעַת תַּשְׁמִישׁ שֶׁאֵינוֹ מַקְפִּיד עַל בֶּן חֲבֵרוֹ. וּמֵינִיקָה שֶׁמָּא יִתְעַכֵּר הֶחָלָב וְהוּא אֵינוֹ מַקְפִּיד לְרַפְּאוֹת הֶחָלָב בִּדְבָרִים הַמּוֹעִילִין לֶחָלָב כְּשֶׁיִּתְעַכֵּר:

26

For how long is the woman considered to be a nursing mother? For twenty-four months.53 This does not include the day the child was born, nor the day the woman becomes consecrated.

כו

כַּמָּה הוּא זְמַן הַיְנִיקָה. כ״‎ד חֹדֶשׁ חוּץ מִיּוֹם שֶׁנּוֹלַד בּוֹ וּמִיּוֹם שֶׁנִּתְאָרְסָה בּוֹ:

27

Just as it is forbidden to marry such a woman, it is forbidden to consecrate her until this time period passes. Even if [a woman] gives her child to a nursemaid or weans him during these 24 months, she should not marry.54 If her son dies, she is permitted to marry. We do not fear that perhaps she will kill [her son for this reason].

כז

כְּשֵׁם שֶׁאָסוּר לִשָּׂא כָּךְ אָסוּר לְאָרֵס עַד אַחַר זְמַן זֶה. אֲפִלּוּ נָתְנָה בְּנָהּ לְמֵינִיקָה אוֹ שֶׁגְּמָלַתּוּ בְּתוֹךְ כ״‎ד חֹדֶשׁ לֹא תִּנָּשֵׂא. מֵת בְּנָהּ מֻתֶּרֶת לִנָּשֵׂא. וְאֵין חוֹשְׁשִׁין שֶׁמָּא תַּהַרְגֶנּוּ:

28

If a man transgresses and marries a pregnant or nursing woman during this period, he should divorce her,55 even if he is a priest.56 If the man is an Israelite, he may remarry her after the 24 months of nursing pass.

If [a man] marries [such a woman] and then flees and returns after [the prescribed] period and lives together with his wife, there is no difficulty.

[A man who] consecrates a pregnant or nursing woman is not forced to divorce her.57 He may not, however, consummate the marriage until the nursing period passes or until the child dies.

כח

עָבַר וְנָשָׂא מְעֻבֶּרֶת אוֹ מֵינִיקָה בְּתוֹךְ זְמַן זֶה יוֹצִיא בְּגֵט וַאֲפִלּוּ הָיָה כֹּהֵן. וְאִם הָיָה יִשְׂרָאֵל יַחֲזִירֶנָהּ אַחַר כ״‎ד חֹדֶשׁ שֶׁל מֵינִיקָה. נָשָׂא וּבָרַח וּלְאַחַר זְמַן בָּא וְיָשַׁב עִם אִשְׁתּוֹ אֵין בְּכָךְ כְּלוּם. אֵרֵס מְעֻבֶּרֶת אוֹ מֵינִיקָה אֵין כּוֹפִין אוֹתוֹ לְהוֹצִיא וְלֹא לִכְנֹס (נ"א יכנוס) עַד אַחַר זְמַן הַיְנִיקָה אוֹ עַד שֶׁיָּמוּת הַוָּלָד:

Footnotes
1.

I.e., even though a father has the right to consecrate his daughter before she reaches majority and arrange for her marriage, "it is not proper for him to act in this manner." Instead, our Sages enjoined that a person should not consecrate his daughter while she is a minor until she matures and says, "I would like [to marry] so and so" (Hilchot Ishut 3:19). Similarly, from the husband's point of view, he should not marry a girl until she is mature, lest she change her mind afterwards (Tosafot, Kiddushin 41a).

2.

Our Sages ordained that an orphan girl below the age of majority could be married, so that someone would care for her and protect her. With regard to such a marriage, the Rambam writes in Hilchot Ishut 4:8: "The consecration is not absolutely binding according to Scriptural law; it is merely a Rabbinic institution. [According to Scriptural law, the outcome] is tentative. If she continues living with her husband until she reaches the age of majority, the kiddushin are finalized, and she becomes a married woman in the complete sense of the term. There is no need for [her husband] to consecrate her again after she attains majority. If she does not want [to continue] living with him, she must perform mi'un; she then leaves [the relationship] without a divorce."

3.

In which instance, the marriage is binding according to Scriptural law and cannot be annulled through mi'un.

4.

Once a girl is married, her father no longer has any authority over her, even though he is alive (Hilchot Ishut 3:12).

5.

In the instance of a minor, her right to annul the marriage lasts only until she reaches majority. With regard to a deaf-mute, by contrast, there would be no limit to this privilege. This would be regarded unfavorably by a husband (Yevamot 113a).

6.

I.e., if her husband dies without children and she does not desire to marry the yavam, she can dissolve the marriage by mi'un.

7.

Although a girl has the right to marry and dissolve her marriage as often as she desires, our Rabbis did not approve of such conduct and counselled that the Jewish court should arrange a marriage of a minor only when it does not appear likely that she will seek to dissolve the marriage (Hagahot Maimoniot).

8.

I.e., when she becomes twelve years old and manifests physical signs of maturity, as explained in Hilchot Ishut 2:3.

9.

A woman who does not manifest any female physical characteristics. If she shows clear signs of such a condition, she is placed in this category at age 20. If she does not show such signs, but also does not manifest signs of female physical maturity, she is not placed into this category until age 35 (Ibid.:4).

10.

That a girl can annul her marriage despite the fact that she has passed the age of twelve, when she has not manifested female physical characteristics.

11.

Hilchot Ishut 1:2.

12.

I.e., our ordinary assumption is that a woman has manifested signs of maturity. Therefore, if a woman wants to annul the marriage after she reaches the age of twelve, she must undergo a physical inspection to show that she has not manifested signs of physical maturity. If no signs are discovered, and she has not engaged in relations with her husband after reaching the age of twelve, she may exercise the right of mi'un.

13.

In which no signs of physical maturity were discovered.

14.

Since no signs of physical maturity were discovered, it is possible that the girl is still a minor and that the annulment of her first marriage - and thus her subsequent consecration - is acceptable. But it is also possible that, as mentioned in the previous halachah, pubic hairs grew and fell off, and that through engaging in marital relations she had been consecrated by her first husband. Because of the doubt involved, she must be divorced by both men.

15.

Since it is possible that her first marriage is binding, the legitimacy of a child fathered by her second husband is in doubt. And conversely, since it is possible that the marriage to her second husband is binding, there are also doubts concerning the legitimacy of a child fathered afterwards by the first husband.

16.

I.e., even if she had not yet been divorced by her first husband. Since the second man's consecration has the power of Scriptural law, it takes priority.

17.

Which is forbidden, as stated in Halachah 12.

18.

The resemblance is that the woman married a second husband before her marriage with the first was severed.

19.

Because her marriage to her first husband is not binding according to Scriptural law.

20.

For her second marriage is binding according to Scriptural law.

21.

The Ramah (Even HaEzer 155:2) quotes opinions that maintain that the above applies only when the girl's marriage was arranged by her brother or her mother. If she arranged the marriage herself, it is not binding, even according to Rabbinic law. The Ra'avad mentions a third opinion, which states that for a girl between the ages of six and ten, the marriage must be arranged by her family to be binding. After the age of ten, it is binding even if she arranged it herself.

22.

Our translation is based on the Jerusalem Talmud (Yevamot 13:2), which explains that this refers to an instance in which a girl's family members prepared her for marriage without informing her who her groom would be.

23.

Rabbenu Chanan'el and other authorities maintain that, a priori, three individuals should be present. Although the Shulchan Aruch (Even HaEzer 155:4) mentions this opinion, the Rambam's view appears to be favored.

24.

I.e., a deed of mi'un is merely a legal record. The act of mi'un - i.e., the girl's statement that she no longer desires to live with her husband - is what nullifies their marriage. In contrast, it is the transfer of the get, the bill of divorce, that causes the divorce to take effect.

25.

Yevamot 107b-108a relates that originally, the Sages would have a legal record of mi'un written using wording that somewhat resembled a bill of divorce. They saw, however, that this created the impression that the husband was forbidden to marry the girl's close relatives. Since this is not the case, as mentioned in Halachah 16, they altered the wording used for the legal record.

26.

Our additions are made on the basis of the Shulchan Aruch (Even HaEzer 155:8). We assume that the other witnesses were aware of the law and would have objected to the girl's making such statements if they did not know her identity and that of her husband. (See a parallel in Hilchot Yibbum VaChalitzah 4:29. Note, however, the Beit Shmuel 155:11 who differs.)

27.

I.e., from the creation or from the beginning of Alexander the Great's rule, as stated in Chapter 1, Halachah 27.

28.

I.e., she was checked by women on whom the court can rely, as stated in Hilchot Ishut 2:20.

29.

Needless to say, the Rambam is not speaking about an instance in which the woman is still married to her second husband. That would be adultery, a sin punishable by execution. Rather, this applies even if the first husband remarries his wife after she is divorced by her second husband.

The husband is punished by lashes only if he both remarries her and engages in sexual relations with her. Neither act alone incurs that punishment (Kiddushin 78a).

30.

Sefer HaMitzvot (Negative Commandment 356) and Sefer HaChinuch (Mitzvah 580) count this as one of the Torah's 613 commandments.

31.

Note the Kessef Mishneh, which cites an apparent contradiction between the Rambam's statements here and those in Hilchot Issurei Bi'ah 1:22 and Hilchot Sanhedrin, Chapter 19, from which it would appear that a man is not punished by lashes for engaging in relations with his wife in such a situation.

32.

But not a priest. (See Hilchot Issurei Bi'ah 18:27.)

33.

Or who engaged in adulterous relations unwittingly. (See Hilchot Ishut 24:19.)

34.

I.e., a sotah.

35.

Stripes of rebellion is the punishment given for the violation of a Rabbinic injunction. It refers to a less form of corporal punishment than lashes.

The husband is prohibited from engaging in relations with such a wife because it is possible that he will violate a prohibition of Scriptural law. Nevertheless, since it has not been definitely established that his wife committed adultery, he is not punished by lashes (Maggid Mishneh).

36.

Chapter 2, Halachah 17. This applies only when the person was a deaf-mute when he originally consecrated his wife.

37.

Since the marriage to the deaf-mute is not binding according to Scriptural law, it is as if she had never married a second husband. Based on a difference in the version of the Jerusalem Talmud (Yevamot 14:1) that was available to him, the Ra'avad differs with the Rambam's ruling.

38.

Divorce nullifies a marriage from the time of divorce onward. Mi'un, by contrast, voids the marriage entirely, causing it to be considered as if it had never taken place.

39.

The mi'un that terminated the second marriage reveals that the first marriage was not binding according to Scriptural law, and that a get was not actually required. (See Rashi, Yevamot 108a.)

40.

Yevamot 108b explains that she is not permitted to remarry her first husband because we are afraid that he will change his mind and influence her to nullify her marriage to her second husband via mi'un. We suspect that she will be able to be influenced by him, because she still is attracted to him - for it was he who divorced her, not she who nullified the marriage through mi'un. In the first instance, we do not harbor such suspicions, for it was she who rejected her first husband, nullifying the marriage through mi'un.

41.

The Rashba and the Ramban differ, and maintain that the woman is forbidden to the other relatives of the deceased, with the exception of his brothers. The Shulchan Aruch (Even HaEzer 155:11) mentions both opinions, but favors that of the Rambam.

42.

She may, however, become engaged to be married during this time, provided she does not enter into privacy with her fiance (Ramah, Even HaEzer 13:1).

43.

The laws governing forbidden marital relationships revolve around paternal relationships, as do the laws of yibbum. For these reasons, it is very important to determine who in fact is the father of a child.

44.

And thus it is impossible that he be the father of the woman's child. (See Chapter 3, Halachah 5; Chapter 8, Halachah 2.)

The Ramah (Even HaEzer 13:1) differs and quotes Rabbenu Asher, who maintains that the counting should begin from the day the get reached the woman for whom it was intended.

45.

Yevamot 42b explains that this decree was applied universally lest people begin to search for loopholes.

46.

The Maggid Mishneh and the Shulchan Aruch (Even HaEzer 13:5) interpret this to be referring to a woman who was married as a non-Jew, and not one who was unmarried. Note the Radbaz (Vol. I, Responsa 196), who differs and maintains that this applies even to an unmarried gentile woman.

47.

A female captive who is taken as a wife by her captor, as described in Deuteronomy 21:11 and Hilchot Melachim, Chapter 8.

48.

This refers to the second time the captor has relations with her. It is possible for a child to be conceived during their first sexual encounter, in which instance the child also has the status of a convert.

49.

If, however, the woman was old enough to conceive a child while married to the man with whom relations are forbidden, she is required to wait. For it is necessary to discern if a child was conceived in the forbidden relationship or not.

50.

The Ra'avad states that the intent of the ban of ostracism should be to compel the man to divorce his wife. (See the Ramah, Even HaEzer 13:10, who quotes this opinion.)

51.

The Ramah (loc. cit.) states that he is advised to flee.

52.

The Ramah (Even HaEzer 13:11) mentions that leniency is often shown in instances where a pregnant woman would be likely to engage in sexual relations with the father of the child, or with other men during this interim period, with the hope that marriage will prevent her from unchaste conduct.

53.

The Shulchan Aruch (Even HaEzer 13:11) states that in a leap year, the extra month should be counted as one of the 24. The Ramah, however, states that, a priori, in such a situation, an additional month should be added to the restriction. (Note Beit Shmuel 13:22.)

54.

Rashi (Ketubot 60b) states that the restriction is upheld lest women be encouraged to take these options rather than continue nursing their children.

If, however, the woman gave her child to a nursemaid in her first husband's lifetime or is physically incapable of nursing, there are no restrictions against her remarrying (Shulchan Aruch, Even HaEzer 13:11).

55.

The Ra'avad states that he is placed under a ban of ostracism until he divorces her. This ruling is cited by the Shulchan Aruch (Even HaEzer 13:12).

56.

Who may not remarry his divorcee.

57.

The Ramah (Even HaEzer 13:12) is more stringent and equates consecration with marriage.

Published and copyright by Moznaim Publications, all rights reserved.
To purchase this book or the entire series, please click here.
The text on this page contains sacred literature. Please do not deface or discard.
Vowelized Hebrew text courtesy Torat Emet under CC 2.5 license.
The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
Download Rambam Study Schedules: 3 Chapters | 1 Chapter | Daily Mitzvah