web analytics
February 28, 2015 / 9 Adar , 5775
At a Glance
Judaism
Sponsored Post


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.

Current Top Story
18,000 Iranian Centrifuges
Reducing Iran’s Number of Centrifuges Makes a Bomb More Likely
Latest Judaism Stories
Niehaus-022715

One should not give the money before Purim morning or after sunset.

Mendlowitz-022715-Basket

The mishloach manos of times gone by were sometimes simple and sometimes elaborate, but the main focus was on the preparation of the delicious food they contained.

Winiarz-022715-Kids

Does Hashem ever go away and not pay attention to us?

Torat-Hakehillah-logo-NEW

In other words, the Torah is an expression of the Way that we must follow in order to live a divine-like life and to bond in the highest way possible with God or Being Itself.

The Chasam Sofer answers that one of only prohibited from wearing a garment that contains shatnez if he does so while wearing the garment for pleasure purposes.

The avodah (service) of the kohen gadol is vital and highly sensitive; the world’s very existence depends on it.

Moreover, even if the perpetrator of the capital offense is never actually executed, such as when the fatal act was unintentional, Kam Lei applies and the judge cannot award damages.

Forever After?
‘Obligated for Challahh and Not Terumah’
(Kesubos 25a)

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.

M. Goldman
(Via E-mail)

“We really appreciate your efforts in straightening the shul,” said Mr. Reiss. “How is it going?”

This was a spontaneous act of rest after the miracle of vanquishing their respective foes. The following year they celebrated on the same days as a minhag.

The way we must to relate to our young adult children is to communicate with genuine loving-kindness

Jewish prayer is a convergence of 2 modes of biblical spirituality, exemplified by Moses and Aaron

In holy places it’s important to maintain a level of silence permitting people to dialogue with God

Eventually, after some trial and error, including an experience with a prima donna and one with a thief, I baruch Hashem ultimately found a fine, honest and reliable household helper.

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

The Chasam Sofer answers that one of only prohibited from wearing a garment that contains shatnez if he does so while wearing the garment for pleasure purposes.

Taste-of-Lomdus-logo

The Aruch Laner asks: How can Rashi say that the third Beis Hamikdash will descend as fire from heaven when every Jew prays several times a day for the rebuilding of the Beis Hamikdash?

The Ohr Hachayim rules that one may not manipulate the system; rather he must state his opinion as he see the ruling in the case; not as he would like the outcome of the verdict to become.

He suggests that the general admonition only dictates that a father may not actively enable his son to perform an aveirah.

Rather than submit to this fate and suffer torture and humiliation, Shaul decided to fall on his sword.

And if a person can take steps to perform the mitzvah, he should do so (even if he won’t be held accountable for not performing it due to circumstances beyond his control).

The Brisker Rav suggests that the barad, in fact, only fell on people, animals, and vegetation.

Why is it necessary to perform an aveirah punishable by lashes in order to be deemed a legal rashah and be pasul l’eidus m’d’Oraisa?

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: