Kiddushin: Difference between revisions
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→Suspicious Lineage Due to Bad Middot
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#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.</ref> | ||
===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> | |||
#Once a man gives his wife a kosher ''get'' (bill of divorce)<ref>Otzar Haposkim 1:10:6 quotes Birkat Retzeh 35 about a get that stipulated that it was only valid to permit her to remarry after 30 years. He rules that the man may not remarry either after giving such a get.</ref> and she accepts it on her own volition<ref>Otzar Haposkim 1:10:5 quoting Birkat Ratzeh 34 that a get given against her will is invalid according to the Maharam Mintz and that was part of Takanat Rabbenu Gershom. Therefore, it is forbidden for him to get remarried after giving such a get.</ref> they can both get remarried. | |||
#''Takanat mean rabbanim'' (lit. permit from one hundred rabbis; heb. היתר מאה רבנים) is an institution to allow a man to marry another wife in certain rare cases where he cannot divorce his wife, such as if she went crazy or they are forbidden to each one but she doesn't want to accept the get. It requires getting the approval of one hundred rabbis from three countries.<ref>Chelkat Mechokek 1:16 writes that the minhag is to require heter meah rabbanim in these cases even though the Rama didn't mention it. Bet Shmuel 1:23 agrees. Pitchei Teshuva 1:16 discusses the details of heter meah rabbanim.</ref> | |||
#If the marriage was forbidden to begin with he should divorce her but if he cannot he may marry another wife. The minhag is to require a heter meah rabbanim to allow him to remarry.<Ref>Pitchei Teshuva 1:10:7 quotes Chatom Sofer and Shevut Yakov as holding that the minhag is to require a heter meah rabbanim even when the marriage was forbidden. Chesed L'alafim holds it is unnecessary. Imrei Yosher adds that if it was an isur karet to begin with it doesn't need a heter meah rabbanim.</ref> In all cases of heter meah rabbanim the man must arrange an unconditional get for her.<ref>Igrot Moshe EH 4:3</ref> In the case of where she went crazy he must set up a get for her and if she gets better he must give her it.<Ref>Bet Shmuel 1:23</ref> | |||
==Sources== | ==Sources== | ||
