Kiddushin: Difference between revisions
From Halachipedia
→For Cohanim
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# If someone who is going to marry someone who is forbidden to him, his relatives could and should encourage him not to go through with it. If he doesn't listen the relatives should do something so that they remember that he married someone forbidden and his descendants shouldn't get mixed up with theirs.<ref>Rama 2:1 quoting Ran</ref> | # If someone who is going to marry someone who is forbidden to him, his relatives could and should encourage him not to go through with it. If he doesn't listen the relatives should do something so that they remember that he married someone forbidden and his descendants shouldn't get mixed up with theirs.<ref>Rama 2:1 quoting Ran</ref> | ||
====For Cohanim==== | ====For Cohanim==== | ||
# A cohen may not marry a convert even if she was less than 3 years old when she converted.<ref>Shulchan Aruch E.H. 6:8</ref> She | =====Divorcee, Zonah, Chalala===== | ||
#A cohen may not marry a divorcee from the Torah.<ref>Vayikra 21:7, Shulchan Aruch E.H. 6:1</ref> | |||
#Even if there is a doubt if she is a divorcee, zonah, or chalala, she may not marry a cohen. If a cohen married her, they are obligated to get divorced.<reF>Shulchan Aruch E.H. 6:1, Bet Shmuel 6:2</ref> | |||
# A woman who was divorced as a ''chumra'' (stringency) is nonetheless forbidden to marry a cohen.<ref>Rama E.H. 6:1</ref> After the fact, if a cohen married her there is a dispute if the must get divorced.<ref>Bet Shmuel 6:4 quotes a dispute between the Bach and Taz about a cohen who married a woman who received a ''get'' as a stringency. Bach holds they may not get married but after they did marry they do not have to get divorced, while Taz holds that they must get divorced. Bet Shmuel seems to favor Taz's opinion.</ref> | |||
# A cohen who marries someone forbidden to him should be excommunicated.<ref>Shulchan Aruch E.H. 6:6</ref> | |||
# A zonah, for the purposes of not marrying a cohen, is someone who had relations with someone she wasn't allowed to marry or a chalal. For example, a woman who had relations with a Jew outside of marriage, although a grave violation, does not invalidate her from marrying a cohen, since she wouldn't have been forbidden from marrying that Jew. However, a woman who had relations with a non-Jew is forbidden from marrying a cohen.<ref>Shulchan Aruch E.H. 6:8</ref> | |||
# A chalala is a girl born from a cohen who married someone forbidden to cohanim. For example, if a cohen married a divorcee or zonah and they have a girl, that girl is a chalala.<ref>Kiddushin 77a, Shulchan Aruch E.H. 7:12</ref> | |||
# If the wife of a cohen has relations with another man even if she's raped she is forbidden to her husband.<ref>Shulchan Aruch E.H. 6:10</ref> | |||
=====Convert===== | |||
# A cohen may not marry a convert even if she was less than 3 years old when she converted.<ref>Shulchan Aruch E.H. 6:8</ref> She is considered a convert even if her mother converted while she was pregnant with her in utero.<ref>Bet Shmuel 7:42 quoting Bet Yosef 7:21. Piskei Din Yerushalayim (Dinei Mamonot Ubirurei Yahadut v. 6 pp. 234-235) from Rav Shalom Massas disagrees with Rav Avraham Dov Levine who was lenient and defends the Bet Yosef.</ref> | |||
#If a cohen is civilly married to a non-Jew, bet din should not convert her knowing that she's going to continue to live with the cohen.<ref>Achiezer 3:28:4, Igrot Moshe EH 2:4, Yabia Omer EH 2:3. See Melamed Lhoil EH 3:8.</ref> | #If a cohen is civilly married to a non-Jew, bet din should not convert her knowing that she's going to continue to live with the cohen.<ref>Achiezer 3:28:4, Igrot Moshe EH 2:4, Yabia Omer EH 2:3. See Melamed Lhoil EH 3:8.</ref> | ||
#The daughter of a non-Jew and a Jewish mother may not marry a kohen. If they got married after the fact they may stay married. If they were married civilly and now want to do chupa and kiddushin, many rabbis wouldn’t allow the marriage.<Ref>Igrot Moshe EH 1:5 is strict because the isur of a daughter of a non-Jew and a Jewish mother to a kohen is deoritta. Even though they’re allowed to each other after the fact it isn’t allowed just because they’re civilly married. [https://www.hebrewbooks.org/pdfpager.aspx?req=21291&st=&pgnum=322 Shemesh Umagen EH 3:58] is lenient even if they were civilly married or even just living together for a while. He holds that the entire isur is derabbanan. Mishna Lmelech and Shaar Hamelech (cited by Pitchei Teshuva 4:3) hold it is an isur deoritta, while Rabbi Akiva Eiger (91, cited by Pitchei Teshuva 6:15) holds it is only derabbanan.</ref> | =====Daughter of Non-Jew===== | ||
#The daughter of a non-Jew and a Jewish mother may not marry a kohen.<ref>Shulchan Aruch E.H. 4:5, 7:17</ref> If they got married after the fact they may stay married.<ref>Bet Shmuel 4:2 and 7:39</ref> | |||
#If they were married civilly and now want to do chupa and kiddushin, many rabbis wouldn’t allow the marriage.<Ref>Igrot Moshe EH 1:5 is strict because the isur of a daughter of a non-Jew and a Jewish mother to a kohen is deoritta. Even though they’re allowed to each other after the fact it isn’t allowed just because they’re civilly married. [https://www.hebrewbooks.org/pdfpager.aspx?req=21291&st=&pgnum=322 Shemesh Umagen EH 3:58] is lenient even if they were civilly married or even just living together for a while. He holds that the entire isur is derabbanan. Mishna Lmelech and Shaar Hamelech (cited by Pitchei Teshuva 4:3) hold it is an isur deoritta, while Rabbi Akiva Eiger (91, cited by Pitchei Teshuva 6:15) holds it is only derabbanan.</ref> | |||
===Marrying for Money=== | ===Marrying for Money=== | ||
