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October 25, 2016 / 23 Tishri, 5777
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Can One Marry A Married Woman?

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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.

Rabbi Raphael Fuchs

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