Kiddushin: Difference between revisions
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→Suspicious Lineage Due to Bad Middot
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===Suspicious Lineage Due to Bad Middot=== | ===Suspicious Lineage Due to Bad Middot=== | ||
# Two families who are constantly fighting, two people who constantly fight, a single family who constantly fight, or an individual who fights with everyone and is very brazen, have suspicious lineage and a person should distance themselves from marrying such people.<Ref>Shulchan Aruch E.H. 2:2. Bet Shmuel 2:4 writes that a kohen who is brazen isn't suspected unless he is brazen and fights.</ref> | # Two families who are constantly fighting, two people who constantly fight, a single family who constantly fight, or an individual who fights with everyone and is very brazen, have suspicious lineage and a person should distance themselves from marrying such people.<Ref>Shulchan Aruch E.H. 2:2. Bet Shmuel 2:4 writes that a kohen who is brazen isn't suspected unless he is brazen and fights.</ref> Nowadays some say that this isn't a concern.<Ref>Otzar Haposkim 2/l7 quotes Aruch Hashulchan 2:15 who writes (based on Yam Shel Shlomo) that unfortunately nowadays it is common that families fight and there is no one to reproach them. Therefore, it isn't a concern of lineage if they're fighting or someone is brazen.</ref> | ||
#Someone who always says that others are mamzerim, is suspected that he is a mamzer.<Ref>Shulchan Aruch E.H. 2:2</ref> | #Someone who always says that others are mamzerim, is suspected that he is a mamzer.<Ref>Shulchan Aruch E.H. 2:2</ref> | ||
#Someone who is brazen, cruel, hateful, and doesn't do kindness to others, is suspicious that he isn't Jewish.<Ref>Shulchan Aruch E.H. 2:2. Bet Shmuel 2:5 clarifies that the suspicion only exists if he has all these bad traits and not just one of them.</ref> | #Someone who is brazen, cruel, hateful, and doesn't do kindness to others, is suspicious that he isn't Jewish.<Ref>Shulchan Aruch E.H. 2:2. Bet Shmuel 2:5 clarifies that the suspicion only exists if he has all these bad traits and not just one of them. Hagah on Gra 2:14 argues with Bet Shmuel.</ref> | ||
===Polygamy=== | ===Polygamy=== | ||
#Rabbnu Gershom instituted that a man may not marry a second wife and imposed an excommunication for anyone who did not follow this edict.<ref>Bet Shmuel 1:21 writes that the reason for Rabbenu Gershom's institution was to avoid fighting between cowives.</ref> Although some say that he only instituted this until 1240<ref>Shulchan Aruch E.H. 1:10 based on Rashba</ref> and the rabbis of the time extended it forever more.<ref>Darkei Moshe cited by Bet Shmuel 1:21 and Pitchei Teshuva 1:19 quoting Maharam Alashkar</ref> Others say that there was no time limit to begin with.<Ref>Pitchei Teshuva 1:19 quotes Shvut Yakov who proves from Ran, Mordechai, Maharam, and Ravyah that it had no expiration date. He also quotes this from Maharshal.</ref> Though Sephardim never accepted upon themselves this institution,<ref>Pitchei Teshuva 1:19 quoting Maharam Alashkar</ref> it is still forbidden in countries where the norm is that people do not practice polygamy.<ref>Shulchan Aruch E.H. 1:9. Chelkat Mechokek 1:15 quotes Nemukei Yosef who explains that since her understanding was when they got married that he was not going to marry another wife, he may not do so without her permission.</ref> | #Rabbnu Gershom instituted that a man may not marry a second wife and imposed an excommunication for anyone who did not follow this edict.<ref>Bet Shmuel 1:21 writes that the reason for Rabbenu Gershom's institution was to avoid fighting between cowives.</ref> Although some say that he only instituted this until 1240<ref>Shulchan Aruch E.H. 1:10 based on Rashba</ref> and the rabbis of the time extended it forever more.<ref>Darkei Moshe cited by Bet Shmuel 1:21 and Pitchei Teshuva 1:19 quoting Maharam Alashkar</ref> Others say that there was no time limit to begin with.<Ref>Pitchei Teshuva 1:19 quotes Shvut Yakov who proves from Ran, Mordechai, Maharam, and Ravyah that it had no expiration date. He also quotes this from Maharshal.</ref> Though Sephardim never accepted upon themselves this institution,<ref>Pitchei Teshuva 1:19 quoting Maharam Alashkar</ref> it is still forbidden in countries where the norm is that people do not practice polygamy.<ref>Shulchan Aruch E.H. 1:9. Chelkat Mechokek 1:15 quotes Nemukei Yosef who explains that since her understanding was when they got married that he was not going to marry another wife, he may not do so without her permission.</ref> | ||
