web analytics
August 22, 2014 / 26 Av, 5774
Israel at War: Operation Protective Edge
 
 
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.

Based on this we can answer the Gemara in Kiddushin from the question of the Avnei Miluim. The Gemara in Kiddushin was searching, from a kedushah viewpoint, for a source that kiddushin cannot be performed on a married woman. The Gemara knew that kiddushin would generally not be valid when performed on a married woman because she “belongs” to her husband. But there are cases whereby a woman is married and only has the kedushah aspect, not the kinyan aspect, e.g. a fetus. The Gemara wanted to prove that even in this case, the kiddushin would not be valid because the woman is nonetheless considered to be one of the arayos.

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
Hamas Execution of 11
Hamas Executes 11 Arabs in Gaza, Warning – Graphic [photo]
Latest Judaism Stories
Weiss-082214-Beloved

Hashem recalls everything – nothing is hidden from His eyes.

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.

Lessons-Emunah-logo

An interview was overheard in which an Arab asked a Hamas commander: “What’s the problem? Why aren’t you hitting your targets? Don’t you know how to aim?” To which he was answered: “We know how to aim very well. We are experts. But their G-d moves the missiles.”

Daf-Yomi-logo

Discretion
‘Vendors Of Fruits And Clothing…May Sell In Private’
(Mo’ed Katan 13b)

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

Menachem
Via Email

If a man sins and follows his inclinations, he will find comfort in this world – but when he dies, he will go to a place that is all thorns.

Nothing is more effective to diminish envy than gratitude.

The first prayer of Moshe was Vayechal, where Moshe’s petition was that no matter how bad bnei Yisrael were, the Egyptians were worse.

“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”

If we regard pain and suffering as mere coincidence, we will feel no motivation to examine our lives

Culture is not nature. There are causes in nature, but only in culture are there meanings.

Rabbinic law is pivotal but it’s important to understand which laws are rabbinic and which biblical.

We give slave gifts? If he wants to stay, we pierce his ear?!

A bit of (non-Jewish) history can help us understand this week’s Torah portion: In the early 1500s, the Catholic church was being fundamentally challenged by movements which claimed it had monopolized religious power and used to enrich the church and its officials. The most radical of these movements were a particular sect of Anabaptists. Anabaptists […]

“When a mother plays with her child there is an acute awareness of the child. But even when the mother works at a job or is distracted by some other activity, there is a natural, latent awareness of her child’s existence.

More Articles from Rabbi Raphael Fuchs
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.

Taste-of-Lomdus-logo

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.

If it is not prohibited when there is a purpose for inflicting the tza’ar, why was Bilam chastised for tza’ar ba’alei chaim?

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

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: