Kiddushin: Difference between revisions
From Halachipedia
→Daughter of Non-Jew
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#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> | #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> | #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> | ||
====Remarrying Your Divorcee==== | |||
#If a man was married to a woman and got divorced and then she got married to someone else, the first husband may never remarry his wife. If she didn't get married in between, he can and it is a good for him to remarry his divorcee.<ref>Devarim 24:1-4, Shulchan Aruch E.H. 10:1</ref> | |||
# If she didn't get married and was living together with another man that doesn't forbid her from remarrying her original husband.<ref>Rama E.H. 10:1</ref> | |||
# If a man married a woman (with kiddushin and chupa) and got divorced (with a ''get''), and then she married someone else with a civil marriage, if they did a ''get'' for that "marriage" the original husband may not remarry her.<ref>Chelkat Binyamin 6:28 quoting Rav Elyashiv (Kovetz Teshuvot 6:92)</ref> Sephardim are lenient in extenuating circumstances.<ref>Yabia Omer 6:1, [https://www.hebrewbooks.org/pdfpager.aspx?req=52532&st=&pgnum=273 Meishiv Mishpat EH 1:28], Shma Shlomo 1:2. Rav Amar in Shma Shlomo 1:2 and Rav Mazuz make this point that we should only be lenient for Sephardim and not Ashkenazim. Rav Asher Weiss in Minchat Asher 3:92 writes that if there was a civil marriage which they ended with a get, she can still go back to the first marriage because that get was only a chumra. He isn’t concerned for the Rama in 6:1, 10:1, and 13:9. He seems to be lenient even for Ashkenazim in extenuating circumstances. Otzar Haposkim 13:45 quotes Bet Yitzchak 2:73 who writes that it is permitted for Ashkenazim only in a very big extenuating circumstance such as there’s a concern that he’s going to stop being religious.</ref> | |||
===Marrying for Money=== | ===Marrying for Money=== | ||
