Scheduling a Wedding Date: Difference between revisions
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# If there was a delay between the time of writing and delivering the get, Sephardim hold that havchana starts from the time of writing the get, while Ashkenazim hold it starts from the time of delivering it.<ref>Shulchan Aruch and Rama E.H. 13:1. Yabia Omer EH 6:2 writes that an Ashkenazic woman marrying a Sephardi man can rely on the Rif to follow the time of writing the get because Sephardim hold that way and even Ashkenazim hold like that strictly speaking. He adds that the Marchshet is lenient for Ashkenazim. He quotes that Yaskil Avdi EH 4:8 was strict like Rama, but Rav Ovadia followed Shulchan Aruch.</ref> | # If there was a delay between the time of writing and delivering the get, Sephardim hold that havchana starts from the time of writing the get, while Ashkenazim hold it starts from the time of delivering it.<ref>Shulchan Aruch and Rama E.H. 13:1. Yabia Omer EH 6:2 writes that an Ashkenazic woman marrying a Sephardi man can rely on the Rif to follow the time of writing the get because Sephardim hold that way and even Ashkenazim hold like that strictly speaking. He adds that the Marchshet is lenient for Ashkenazim. He quotes that Yaskil Avdi EH 4:8 was strict like Rama, but Rav Ovadia followed Shulchan Aruch.</ref> | ||
#If it was discovered that the get written for her first marriage was invalid and another get was required most poskim hold that it is necessary to wait 90 days from the second valid get.<ref>If the first get was pasul and they required another get, Maharam Lublin doesn’t require havchana, but Bet Shmuel and Chelkat Mechokek do. Igrot Moshe EH 1:28 and 1:30 relies on Maharam Lublin together with other factors. In 1:31 he does not rely on the Maharam Lublin. Yabia Omer 6:2 doesn’t rely on Maharam Lublin and notes that Maharam Lublin was only lenient with another factor as well; namely, there was a delay between the writing and delivering of the second get. Igrot Moshe EH 1:30 holds like Korban Netanel that according to Shmuel that we follow the time of writing, certainly we can go by the first get and not the second. This would support the Maharam Lublin. But Yabia Omer 6:2 notes that it is explicitly against the Rashba.</ref> | #If it was discovered that the get written for her first marriage was invalid and another get was required most poskim hold that it is necessary to wait 90 days from the second valid get.<ref>If the first get was pasul and they required another get, Maharam Lublin doesn’t require havchana, but Bet Shmuel and Chelkat Mechokek do. Igrot Moshe EH 1:28 and 1:30 relies on Maharam Lublin together with other factors. In 1:31 he does not rely on the Maharam Lublin. Yabia Omer 6:2 doesn’t rely on Maharam Lublin and notes that Maharam Lublin was only lenient with another factor as well; namely, there was a delay between the writing and delivering of the second get. Igrot Moshe EH 1:30 holds like Korban Netanel that according to Shmuel that we follow the time of writing, certainly we can go by the first get and not the second. This would support the Maharam Lublin. But Yabia Omer 6:2 notes that it is explicitly against the Rashba.</ref> | ||
#If the get was discovered to be safek pasul and they wrote a new one, they do not need to wait 90 days before getting married.<Ref>Igrot Moshe EH 1:31 is lenient because it is a safek derabbanan lkula. He holds like Nodeh Beyehuda EH 2:38 who holds that havchana isn't dvar sheyesh lo matirin since he could marry her now and have that same relationship with her later.</ref> | #If the get was discovered to be safek pasul and they wrote a new one, they do not need to wait 90 days before getting married.<Ref>Igrot Moshe EH 1:31 is lenient because it is a safek derabbanan lkula. He holds like Nodeh Beyehuda EH 2:38 who holds that havchana isn't dvar sheyesh lo matirin since he could marry her now and have that same relationship with her later. Yabia Omer EH 9:17:1 questions following the Nodeh Beyehuda's principle of dvar sheyesh lo matirin.</ref> | ||
==Marrying a Pregnant or Nursing Woman== | ==Marrying a Pregnant or Nursing Woman== | ||
# Chazal forbade a man from marrying a woman who was pregnant or nursing a child other than from him because of a concern that he wouldn't take care of the child. This applies whether she was divorced, her husband died, or she became pregnant out of wedlock.<ref>Shulchan Aruch E.H. 13:11</ref> | # Chazal forbade a man from marrying a woman who was pregnant or nursing a child other than from him because of a concern that he wouldn't take care of the child. This applies whether she was divorced, her husband died, or she became pregnant out of wedlock.<ref>Shulchan Aruch E.H. 13:11</ref> | ||
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##Some say that if a woman became pregnant out of wedlock and never nursed her child she can get remarried within 24 months.<ref>Yabia Omer EH 9:15:2 quoting Rabbi Akiva Eiger 95 who expands Rashba (cited in SA 13:14) regarding a divorcee to a woman pregnant out of wedlock. </ref> | ##Some say that if a woman became pregnant out of wedlock and never nursed her child she can get remarried within 24 months.<ref>Yabia Omer EH 9:15:2 quoting Rabbi Akiva Eiger 95 who expands Rashba (cited in SA 13:14) regarding a divorcee to a woman pregnant out of wedlock. </ref> | ||
## A woman who was pregnant out of wedlock who is promiscuous and might cause others to sin may remarry within 24 months so that she doesn't cause others to sin.<ref>Mahari Mintz 5, Rama E.H. 13:11</ref> | ## A woman who was pregnant out of wedlock who is promiscuous and might cause others to sin may remarry within 24 months so that she doesn't cause others to sin.<ref>Mahari Mintz 5, Rama E.H. 13:11</ref> | ||
#If a woman was pregnant at the time of the divorce or didn’t nurse at all or nursed for a short time such as three weeks or less and stopped and then she got divorced, many poskim hold that she can remarry within 24 months, whether or not she nursed after the divorce.<ref>Yabia Omer EH 9:14 holds like Rashba (cited by SA E.H. 13:14) who holds that if at the time of the divorce she wasn’t actively nursing to the point where the child recognizes the mother, she can get remarried within 24 months. He also holds like Mayim Chaim who explains that this is true whether or not after the divorce she nurses and the child then recognizes her, since at the time of the divorce the child wasn’t nursing in a way that it recognized her. Yabia Omer EH 10:16-17 reiterates these points. Otzar Haposkim 13:110:2 quotes this approach from Bet Shlomo, Avnei Meluyim, Imrei Yosher, Mayim Chaim, Ranach, Shem Aryeh, Ateret Chachamim, and Elef Lecha Shlomo.</ref> | |||
==Links== | ==Links== | ||
