web analytics
September 2, 2014 / 7 Elul, 5774
At a Glance
Judaism
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



Home » Judaism » Parsha »

Can One Marry A Married Woman?


Taste-of-Lomdus-logo

This column is dedicated to the refuah sheleimah of Shlomo Eliezer ben Chaya Sarah Elka.

Both of this week’s parshiyos discuss the various arayos – forbidden relationships. The Gemara in Kiddushin 67b states that if one attempts to perform kiddushin on one of the arayos, the kiddushin is invalid. The Gemara’s conclusion is that this is so because Rabi Yona derived by means of a hekish that kiddushin will not be valid on any of the arayos with whom a relationship warrants koreis or death. A married woman is considered one of the arayos with whom a relationship would warrant death. Therefore, kiddushin will not be valid if performed on a married woman.

The Pnei Yehoshua (Gittin 43a) says that the reason why one cannot perform kiddushin on a previously married woman who is not divorced and whose husband is still alive is because she is considered to belong to her first husband. The same way that one cannot buy something that belongs to someone else, so too one cannot perform kiddushin on a woman who “belongs” (not in a monetary sense) to someone else.

With this explanation the Pnei Yehoshua explains why another man cannot perform kiddushin on a shifchah charufah who is married to a man who is half-free and half-slave. In this case the married woman is not considered one of the arayos with whom a relationship would be deserving of koreis; rather, it would only warrant a lav. In such a case kiddushin should be valid, for kiddushin is only not valid on arayos with whom a relationship would warrant koreis. Kiddushin will generally be valid when performed on someone who is only forbidden by means of a lav. However, since a shifchah charufah who is married to a man who is half-free and half-slave is considered as “belonging” to her husband, no other man may perform kiddushin on her.

The Avnei Miluim asks on the Pnei Yehoshua the following question: The aforementioned Gemara in Kiddushin initially attempts to derive that kiddushin will not be valid when performed on one of the arayos by means of a banyan av from the erva of one’s wife’s sister. The Gemara rejects this because we would not be able to derive from there that kiddushin would not be valid on a married woman who is different from other women since she has a way of becoming permitted to have kiddushin during her husband’s life – by means of a get. If we assume, like the Pnei Yehoshua, that another man cannot perform kiddushin on a married woman because she “belongs” to her husband, why is the Gemara concerned with a source that kiddushin will not be valid when performed on a married woman? We should know that kiddushin cannot be performed on her because she “belongs” to her husband – as the Pnei Yehoshua posited.

Perhaps we can explain the opinion of the Pnei Yehoshua with the following explanation given by the Pnei Yehoshua on a similar topic: The Rambam (Hilchos Ishus 7:16) says that as the Gemara concludes, one may perform kiddushin on an unborn fetus, provided that the woman is recognizably pregnant. This is because a father has the right to marry off his daughters while they are minors. Thus, if a man says to another man, “if your wife gives birth to a girl, let her be mekudeshes to me,” the kiddushin is valid. The Rambam adds that although the Gemara does not explicitly require the following, he feels that when the girl is born, the man must perform a second kiddushin as well.

The Pnei Yehoshua (Kiddushin 62b) explains that the reason for this is because there are two aspects of every kiddushin – the kedushah aspect and the kinyan aspect. Even though regarding hekdish we consider a fetus to be in this world and thus able to have kedushah on it, as is evident from the Gemara in Temura 10a, concerning kinyanim we view a fetus as not being in this world. So even though when one is mekadesh a fetus, the kiddushin is valid from a kedushah standpoint; regarding the kinyan aspect the kiddushin is not valid. Therefore the Rambam was mechadesh that the kiddushin must be repeated after the girl is born, in order that the kiddushin will be valid from a kinyan standpoint.

About the Author: For questions or comments, e-mail RabbiRFuchs@gmail.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Can One Marry A Married Woman?”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Along the Israel-Syrian border.
Jihadist Threat Rising on Israel’s Northern Border
Latest Judaism Stories
shofar+kotel

If you had an important court date scheduled – one that would determine your financial future, or even your very life – you’d be sure to prepare for weeks beforehand. On Rosh Hashanah, each individual is judged on the merit of his deeds. Whether he will live out the year or not. Whether he will […]

The_United_Nations_Building

It is in the nature of the Nations of the World to be hostile towards the Jewish People.

Taste-of-Lomdus-logo

First, how could a beis din of 23 judges present a guilty verdict in a capital punishment case? After all, only a majority of the 23 judges ruled in favor of his verdict.

Of paramount importance is that both the king and his people realize that while he is the leader, he is still a subject of God.

Untimely News
‘A Mourner Is Forbidden To Wear Shoes…’
(Mo’ed Katan 20b)

Question: The Gemara in Berachot states that the sages authored our prayers. Does that mean we didn’t pray beforehand?

Menachem
Via Email

When a person feels he can control the destiny of other people, he runs the risk of feeling self-important, significant, and mighty.

Needless to say, it was done and they formed a great relationship as his friend and mentor. He started attending services and volunteered his time all along putting on tefillin.

He took me to a room filled with computer equipment and said, “You pray here for as long as you want.” I couldn’t believe my ears.

On Friday afternoon, Dov called Kalman. “Please make sure to return the keys for the car on Motzaei Shabbos,” he said. “We have a bris on Sunday morning and we’re all going. We also need the roof luggage bag.”

On Chol HaMoed some work is prohibited and some is permitted. According to some opinions, the work prohibition is biblical; according to others, it’s rabbinical.

If there is a mitzvas minuy dayanim in the Diaspora, then why is there a difference between Israel and the Diaspora in the number of judges and their distribution?

Judaism is a religion of love but also a religion of justice, for without justice, love corrupts.

The time immediately preceding Mashiach’s arrival is likened to the birth pangs of a woman in labor.

More Articles from Rabbi Raphael Fuchs
Taste-of-Lomdus-logo

First, how could a beis din of 23 judges present a guilty verdict in a capital punishment case? After all, only a majority of the 23 judges ruled in favor of his verdict.

Taste-of-Lomdus-logo

According to Rabbi Yishmael one was not permitted to eat such an animal prior to entering Eretz Yisrael, while according to Rabbi Akiva one was permitted to eat animals if he would perform nechirah.

Tosafos there takes issue with Rashi’s view that the letters that are formed in the knots of the tefillin are considered part of the name of Hashem.

The Rambam says that in order to honor Shabbos, one must wash his hands, face, and feet with warm water on Friday.

The talmid is not allowed to speak up due to any fear. If he remains silent, he is in violation of this prohibition.

It is apparent from the Maharsha that he does not see galus as atoning for killing accidentally; otherwise, this Gemara would not bother him.

There are several rules that one must adhere to when making a neder.

We need to understand why Moshe Rabbeinu decided to ask that his sons inherit his position after this new halacha was introduced.

Printed from: http://www.jewishpress.com/judaism/parsha/can-one-marry-a-married-woman/2013/04/17/

Scan this QR code to visit this page online: