Ishut - Chapter Twenty Four

When a man who marries an aylonit1 is childless and does not have another wife with whom he will father children, he is compelled to divorce her.2 Nevertheless, [during and after the marriage], the financial arrangements that [govern] other women [govern] her. She is entitled to the fundamental requirement of the ketubah and [all] the provisions of the ketubah. Similarly, her husband acquires the same financial privileges with regard to her as he would with regard to another woman.

If, however, a man married a woman without recognizing her condition, and later it was discovered that she was an aylonit, or forbidden to him by virtue of a negative commandment [for which he is not liable to death - neither by the hand of God nor by an earthly court] she is not entitled to the fundamental requirement of the ketubah, nor to any of the provisions of the ketubah. She is, however, entitled to the extra amount that the husband added to the fundamental requirement of the ketubah. She is not entitled to receive her sustenance, [neither during her husband's lifetime,] nor even after his death.3

The couple [should be] forced to separate.4 When that is done, the value of the produce of which the husband partook is not expropriated from him.5

The same laws apply when a man marries a sh'niyah,6 regardless of whether or not [the husband] was aware of the prohibition.

Why are these women not granted the essential requirement of the ketubah, when they are granted the extra sum added [by the husband]? The fundamental requirement of the ketubah was instituted by our Sages so that [a man] should not think that the divorce [of his wife] is a light matter. Since he was not aware [of the prohibition or of his wife's condition], she is not granted the essential requirement of the ketubah.7

With regard to the extra amount for which he obligated himself: as long as she desired to maintain their relationship, she kept her part of the agreement. She granted him [marital] satisfaction,8 and is willing to continue their relationship; it is the Torah that deems her to be forbidden. What then can she do? Therefore, she is granted this extra amount, for it is not her deeds that cause her to be forbidden after marriage;9 she was forbidden beforehand.

Why did [our Sages] not distinguish between a sh'niyah [whom her husband] recognized, and one that he did not recognize, but rather said that in all instances she is not entitled to the fundamental requirement of the ketubah? Because [the prohibition involving these relations] is Rabbinic [in origin], they reinforced it.

If, by contrast, a man married a woman [whom he was forbidden to marry because of] a negative prohibition of the Torah [that was not punishable by death, neither by the hand of God nor by an earthly court] and he was aware of the prohibition, [his wife] is entitled to [the money due her by virtue of her] ketubah.[Similarly, if he marries] a woman whom he was forbidden to marry because of a positive commandment, whether he was aware of the prohibition or not, [his wife is entitled to a ketubah].

[The rationale is] that if he recognized that a woman was forbidden by a negative prohibition, he willingly undertook to damage his resources. And with regard to [relations which are forbidden] because of a positive commandment, the prohibition is light.

In both these instances, the women are entitled to support [from their husband's estate] after his death.10 Similarly, if [during his absence,] they borrowed money for their sustenance, [the husband] is liable to pay.11 And when the husband is forced to divorce [a woman in either of these situations], he is forced to reimburse her for all the benefit that he received from her property.12

A woman who dissolves a marriage through the rite of mi'un is not entitled to a ketubah.13 She is, however, entitled to the extra amount [added by the husband to the ketubah].14 The husband is not required to reimburse her for the benefit that he received from her property.15 If she borrowed money for her sustenance while she was still his wife, and afterwards terminated the marriage through the rite of mi'un, that money is not expropriated from the husband.

When a woman commits adultery [her husband is obligated to divorce her]. She is not entitled to a ketubah - neither the fundamental requirement nor the additional amount. Nor is she entitled to any of the conditions of the ketubah. [The rationale is that] it is her own deeds that cause her to become forbidden to her husband.

What is the law with regard to the rights these women have to their dowries? Whenever a woman's dowry endures, she is entitled to take her property when she leaves [her husband's household after divorce].16 This applies even when she commits adultery.

[If the property is not intact, the following laws apply.] If the woman was a sh'niyah or forbidden as a result of a positive commandment - whether or not her husband was aware of the prohibition - the same laws that apply to other women with regard to their dowries apply to her. Similarly, if the woman was an aylonit or was forbidden because of a negative prohibition of the Torah [that was not punishable by death - neither by the hand of God nor by an earthly court], the same laws that apply to other women with regard to their dowries apply to her.17

[What are those laws?] The husband is liable for nichsei tzon barzel. With regard to nichsei m'log, if anything was lost or stolen, she suffers the loss. [The husband] is not liable to pay.

[Different rules apply when] a woman is either an aylonit or prohibited because of a negative commandment, and [the husband] did not recognize her status. Whatever was lost, stolen, destroyed or damaged from nichsei tzon barzel, her husband is not liable to pay. For she gave him permission to use them.18

With regard to nichsei m'log, by contrast, whatever was lost or stolen, he is liable to pay. This is the opposite of all other women. Since the marriage bond is not of a binding nature, he did not acquire [rights to use] the nichsei m'log.19

A woman who dissolves a marriage through the rite of mi'un is not entitled to any compensation at all for property that was destroyed. Nothing is expropriated from her husband in payment for what was lost or stolen, with regard to both nichsei m'log and nichsei tzon barzel.20 Instead, she takes whatever property is intact and departs.

A woman who committed adultery is not entitled to a ketubah - neither the fundamental requirement nor the extra amount. Nor is the husband held responsible for any of her nichsei tzon barzel that were lost or stolen.21 Needless to say, this ruling also applies with regard to her nichsei m'log.

[The above does not apply] only to an adulteress, but also to a woman who violates the faith of Moses,22 one who violates the Jewish faith,23 or one who is divorced because of a scandalous report.24 These women are not entitled to a ketubah - neither the fundamental requirement nor the extra amount - nor are they granted any of the conditions of the ketubah.

When these [women are divorced], each one should take what remains from her dowry and depart. Her husband is not liable to pay anything, neither what was reduced in value nor what was lost.

The following are the actions for which a woman is considered to have "violated the faith of Moses":

a) going out to the marketplace with her hair uncovered;25

b) taking vows or oaths that she does not keep;

c) engaging in sexual relations [with her husband] while in the niddah state;

d) failing to separate challah or feeding her husband food that is forbidden to eat - needless to say, this applies to forbidden crawling animals and animals that were not ritually slaughtered; it applies even to produce that was not tithed.26

How can the latter [two] matters be known? For example, she said: "So and so, the priest, [separated tithes] from this produce for me," "So and so separated challah [from this dough]," "So and so, the Sage, said this stain does not render me a niddah" - and after eating the food or engaging in sexual relations with her, the husband asked the person whose name was mentioned and he denied the occurrence of the incident. Another example: a woman's [conduct caused] it to be established in her neighborhood that she was in the niddah state,27 but she told her husband that she was ritually pure. He engaged in relations with her [and afterwards discovered the truth].

What is meant by "the Jewish faith"? The customs of modesty that Jewish women practice. When a woman performs any of the following acts, she is considered to have violated the Jewish faith:

a) she goes to the marketplace or a lane with openings at both ends without having her head [fully] covered - i.e., her hair is covered by a handkerchief, but not with a veil like all other women,28

b) she spins [flax or wool] with a rose on her face29 - on her forehead or on her cheek - like immodest gentile women,

c) she spins in the marketplace and shows her forearms to men;30

d) she plays frivolously with young lads,

e) she demands sexual intimacy from her husband in a loud voice until her neighbors hear her talking about their intimate affairs, or

f) she curses her husband's father in her husband's presence.31

Ezra ordained that a woman should wear a belt32 in her home at all times, as an expression of modesty. If a woman does not wear [such a belt], however, she is not considered to have violated the faith of Moses, nor does she forfeit her ketubah.

Similarly, if she goes from courtyard to courtyard without having her hair [fully] covered - as long as it is covered with a handkerchief, she is not considered to have violated the [Jewish] faith.

A woman who violates the faith must have had a warning issued to her [prior to her having performed the act] and [the warning and her improper conduct must be observed by] witnesses before she forfeits her ketubah.

[The following rule applies when a woman] transgresses privately, her husband knows that she violated the faith and [therefore] gives her a warning, [but the warning] was not observed by witnesses, and then she transgresses again. Should the husband claim that she violated [the faith] after receiving a warning,33 and the woman claims not to have transgressed, or not to have received a warning, the husband must pay her [the money due her by virtue of her] ketubah if he desires34 to divorce her, after she takes an oath that she has not transgressed. [This oath is required because] she would not be entitled to any payment if she admitted to having transgressed after having received this warning.

What is meant by "a woman who is divorced because of a scandalous report"? For example, there were witnesses that she performed a very indecent act that indicates that a sin was committed, but there is no definitive testimony [that she committed adultery].

What is implied? She was alone in her courtyard, and they saw a perfume salesman leaving. They entered immediately afterwards and saw her getting up from bed and putting on her underwear or tying her belt, or they found wet spittle on the canopy above the bed.35 Alternatively, they saw them coming out of a dark place [together], or one helping the other up from a trench or the like, or they saw him kissing the opening of her cloak, or saw them kissing each other, or embracing each other, or they entered a room one after the other and locked the doors,36 or any similar act [that would arouse suspicion].

[In all these instances,] if her husband desires to divorce her, she is not entitled to receive [the money due her by virtue of] her ketubah. There is no necessity for a warning [in this instance].37

[When a woman] violates the faith of Moses or the Jewish faith, and similarly, one about whom is issued a scandalous report, her husband is not compelled to divorce her. If he desires [to remain married], he need not divorce her.38

Nevertheless, even when her husband does not divorce her, she is not entitled to a ketubah.39 [The rationale is that] a ketubah was ordained by our Sages so that a husband should not consider the divorce [of his wife as] a light matter. Our Sages were concerned only with modest Jewish women. This institution was not enacted for women [who act] wantonly. On the contrary, let their husbands think that divorcing them is a light matter.

When a man sees his wife commit adultery, or he was informed of this by one of his relatives or her relatives - whether male or female - whom he trusts and whose statements he believes, he is obligated to divorce her and is forbidden to engage in relations with her,40 for he relies on their word as true.

He must [however] pay her [the money due her by virtue of her] ketubah,41 [unless] she admits that she has committed adultery, in which case she should be divorced without receiving her ketubah. Therefore, if [her husband saw her commit adultery himself], he can require her to take an oath, while she holds a sacred object, that she did not commit adultery while married to him.42 [Only afterwards] can she collect the money [due her by virtue of] her ketubah. With regard to other matters,43 he cannot require her to take an oath, except through the convention of gilgul [sh'vuah].44

When a woman tells her husband that she willingly committed adultery, no attention is paid to her words. [We suspect] that she is attracted to another man [and wants to be released from marriage to her husband so that she can marry him].45 She does, however, lose the rights to her ketubah - both the fundamental requirement and any extra amount - and [her right to any of her property] that was destroyed, for she admitted that she has committed adultery.46 If he believes her and considers her word to be true, he is obligated to divorce her.

A court, however, does not obligate a man to divorce his wife through any means, unless two witnesses come forth and testify that the person's wife willingly committed adultery in their presence. [In such a situation,] he is compelled to divorce her.

A woman who committed adultery unknowingly47 or who was raped is permitted to [continue marital relations with] her husband, as [implied the Numbers 5:13, which describes adultery:] "and she was not raped," indicating that if she was raped, she is permitted. [This applies whether] she was raped by a gentile or by a Jew.

Whenever [a woman] was forced into relations at the outset, she is permitted [to her husband], even if she ultimately consented - even if she says: "Let him continue, if he had not raped me, I would have hired him." For [her] natural inclination has overcome her; originally, she was forced against her will.

When women have been abducted by robbers, they are considered as though they have been taken captive and were raped; they are permitted to their husbands.48 If, however, they were left alone and they went to the robbers on their own initiative, they are considered to have acted willingly and they are forbidden to their husbands.

The laws applying to a woman who acted unwittingly and to one who was raped are the same. For acting unwittingly is comparable to a deed committed under coercion.

When does the above apply? When the woman's husband was an Israelite. If, however, a priest's wife [committed adultery] unwittingly or under duress, she is forbidden to her husband. For these relations cause her to be deemed a zonah at all times, and he is forbidden to have relations with a zonah, as will be explained in Hilchot Issurei Bi'ah.49

With regard to both an Israelite's wife and a priest's wife who have been raped, they are entitled to their ketubah - both the fundamental requirement and the additional amount. She does not lose anything in this regard. We compel50 the priest to pay [her the money due her by virtue of] her ketubah and then to divorce her.

When a priest's wife tells her husband: "I was raped," or "I unwittingly had relations with another man," he should not pay any attention to her words. [We suspect that perhaps] she was attracted to another man.

If he believes her, or he was told about it by a person upon whose word he relies, he should divorce her and pay her [the money due her by virtue of her] ketubah.51

[The following rules apply when] a man tells his wife in the presence of witnesses: "Do not enter into privacy with so and so." If two witnesses observed her entering into privacy with the said person, and she and he remained there sufficient time for relations to have taken place,52 she is forbidden to engage in relations with her husband until he causes her to drink "the bitter waters",53 as will be explained in Hilchot Sotah.54

If he dies before he has caused her to drink [these waters], she is not entitled to her ketubah. Although witnesses did not see any [blatant] wanton act, there is no more wanton behavior than [disobeying her husband's words in] this [manner].

In the present age, when the waters [to test a] sotah are not available to us, the woman becomes forbidden to her husband forever. She must be divorced without receiving [the money due her by virtue of] her ketubah, neither the fundamental requirement nor the additional amount, for it is her evil deeds that caused her to become forbidden.55

[The following laws apply when a husband] tells [his wife] in private: "Do not enter into seclusion with so and so." If he observed her enter into seclusion with the said person, and she and he remained there sufficient time for relations to have taken place - in the present age,56 when the waters [to test a] sotah are not available to us - the woman becomes forbidden to her husband. He is obligated to divorce her and pay [her the money due her by virtue of] her ketubah.

If she admits entering into seclusion with the said person after having received the warning, she must be divorced without receiving [the money due her by virtue of] her ketubah. Therefore, she is required to take an oath in this regard.57 Only afterwards must he pay [her the money due her by virtue of] her ketubah.