024 - הִלְכוֹת אִישׁוּת פֵּרֶק כד

Laws of Marriage, Chapter 24

1. One who marries an ailonis (a woman who is incapable of bearing children), and he has no children and no other wife from whom he could fulfill the mitzvah of being fruitful and multiplying—even though he is compelled to divorce her, she is like all other women: she has a kesubah, and all the other conditions of the kesubah; and likewise, the husband acquires the rights that a husband acquires with other women.

2. However, one who marries a woman without knowing her status, and she is found to be an ailonis, or from those with whom marriage is prohibited by a negative commandment, and likewise one who marries a secondary relative (a shniyah), whether he knew her status or not—these women do not have the principal kesubah, nor any of the conditions of the kesubah. However, they do have the additional amount (the tosefes) if it was stipulated. They do not receive sustenance, even after his death. And when they are compelled to separate, the husband is not required to return the produce he consumed from her property.

3. Why do they not have the principal kesubah, but do have the additional amount? The principal kesubah is a rabbinic enactment, so that it should not be easy in his eyes to divorce her. Since he did not know her status, she does not have the principal kesubah. But the additional amount, which he obligated himself to pay her as long as she wishes and remains with him, she has fulfilled her condition, and she has given him the benefit of her companionship, and she remains with him. However, the Torah has forbidden her to him, and what can she do? Therefore, she has the additional amount, because it is not her actions that caused her to become forbidden after the marriage; rather, she was already forbidden beforehand.

4. And why did they not distinguish, regarding a shniyah, between whether he knew her status or not, but instead said that she never has the principal kesubah? Because this is a rabbinic prohibition, they strengthened the matter. But if he married one of those prohibited by a negative commandment and knew her status, or one prohibited by a positive commandment, whether he knew her status or not—she does have a kesubah: for one prohibited by a negative commandment, if he knew her status, he intended to cause loss to his property; and for one prohibited by a positive commandment, the prohibition is less severe. Both of these have sustenance after his death; and likewise, if she borrowed and ate, he is obligated to repay. And when he is compelled to divorce her, the husband must return all the produce he consumed from all her property.

5. A woman who annuls her marriage through refusal (me’anes) does not have the principal kesubah, but she does have the additional amount; and the husband is not required to return the produce he consumed. And if she borrowed while she was still married to him and ate, and afterwards refused him, those sustenance payments are not collected from the husband.

6. A woman who committed adultery while married does not have a kesubah—not the principal nor the additional amount, nor any of the conditions of the kesubah—because her own actions caused her to become forbidden to her husband.

7. What is the law regarding the dowry of these women? Any woman whose dowry remains intact—even if she committed adultery—takes what is hers and leaves. And if she was a shniyah or from those prohibited by a positive commandment, whether he knew her status or not, or if she was an ailonis or from those prohibited by a negative commandment and he knew her status—her dowry is like that of all other women.

8. Regarding nichsei tzon barzel (property whose value is guaranteed by the husband), he is responsible for them; and regarding nichsei melug (property whose value is not guaranteed), whatever is stolen or lost is her loss. If she was an ailonis or from those prohibited by a negative commandment, and he did not know her status—anything lost, stolen, or worn out from the nichsei tzon barzel until it is completely used up, the husband is not required to pay: for she gave him permission to have them in his possession. But anything lost or stolen from the nichsei melug, he is required to pay—the opposite of the law for all other women: because there is not a complete marital bond, he did not acquire the nichsei melug.

9. A woman who annuls her marriage through refusal does not have any compensation for depreciation at all: nothing is collected from the husband for anything lost or stolen, whether from nichsei melug or nichsei tzon barzel; rather, she takes whatever is found to be hers and leaves.

Laws of Marriage, Chapter 24

10. A woman who committed adultery while married has no claim to her kesubah, neither the principal nor any additional amount. Nor can anything be collected from the husband for what was lost or stolen from her nichsei tzon barzel, and needless to say, not from her nichsei melug. And not only one who committed adultery, but also one who transgressed the law of Moshe or the law of Jewish women, or one who is divorced because of a bad reputation—none of these have a kesubah, neither the principal nor any addition, nor any condition of the kesubah. Each of them takes whatever remains from her dowry and leaves; the husband is not obligated to pay anything, neither for what was diminished nor for what was lost.

11. The following are the matters for which, if a woman does one of them, she is considered to have transgressed the law of Moshe: if she goes out into the marketplace with her hair uncovered, or if she makes a vow or an oath and does not fulfill it, or if she has marital relations while she is a niddah, or if she does not separate challah; or if she feeds her husband forbidden foods—and needless to say, things like creeping creatures or neveilos, but even things that have not been tithed. How is this known? For example, if she tells him, "So-and-so the Kohen bought these fruits for me," or "So-and-so separated challah from this dough for me," or "So-and-so the sage ruled this stain pure for me," and after he ate or had relations with her, he asked that person and was told, "These things never happened." Similarly, if she is known to be a niddah among her neighbors and tells her husband, "I am pure," and he has relations with her.

12. What is the law of Jewish women? It is the practice of modesty that the daughters of Israel have adopted. The following are the matters for which, if a woman does one of them, she is considered to have transgressed the law of Jewish women: if she goes out to the marketplace or to an open alleyway with her head uncovered and without a veil like other women, even if her hair is covered with a kerchief; or if she spins in the marketplace with a rose or similar ornament on her forehead or cheek, as the promiscuous gentile women do; or if she spins in the marketplace and exposes her arms to men; or if she plays with young men; or if she demands marital relations from her husband in a loud voice, so that her neighbors hear her speaking about matters of intimacy; or if she curses her husband's father in her husband's presence.

13. Ezra instituted that a woman should always wear a belt inside her house for reasons of modesty; but if she did not wear it, she is not considered to have transgressed the law, and she does not forfeit her kesubah. Similarly, if she went out with her hair uncovered from one courtyard to another within an alleyway—since her hair is covered with a kerchief, she is not considered to have transgressed the law.

14. One who transgresses the law requires warning and witnesses, and only afterward does she forfeit her kesubah. If she transgressed privately, and he knows she transgressed, and he warned her without witnesses, and she repeated the transgression—he claims she transgressed after being warned, and she says, "I did not transgress at all," or "I was not warned"—if he wishes to divorce her, he must pay the kesubah after she swears that she did not transgress. But if she admits that she transgressed after being warned, she receives nothing.

15. How does a woman leave because of a bad reputation? For example, if there were witnesses that she did something extremely improper, such that the circumstances indicate there was a transgression, even though there is no clear testimony of adultery. How so? For example, she was alone in a courtyard, and they saw a peddler leave and others immediately enter as he left, and they found her standing over the bed, putting on her trousers or fastening her belt; or they found fresh saliva above the canopy; or the two of them were seen leaving a dark place, or one raising the other from a pit, and similar cases; or they saw him kissing her on her clothing; or they saw them kissing or embracing each other; or they entered one after the other and locked the door; and similar such matters. If her husband wishes to divorce her, she must leave, and she has no kesubah; and in this case, no warning is required.

Laws of Marriage, Chapter 24

16. A woman who violates the law of Moshe or the law of Jewish women, and likewise one who has done a disgraceful act—Beis Din does not compel the husband to divorce her; but if he wishes to divorce her, he may do so. Even if he does not divorce her, she does not receive her kesubah, for the kesubah is a Rabbinic enactment so that it should not be easy in his eyes to divorce her, and the Sages were only particular about the modest daughters of Israel. But these immodest women do not have this enactment; rather, it should be easy, and easy to divorce her.

17. If a man saw that his wife committed adultery, or if one of his relatives or her relatives—whom he trusts and relies upon—told him that his wife committed adultery, whether the one saying it was a man or a woman, since he relies on this matter as being true, he is obligated to divorce her and is forbidden to be with her, and he must give her the kesubah. But if she admitted to him that she committed adultery, she leaves without a kesubah. Therefore, if he saw her himself, he makes her swear with a severe oath that she did not commit adultery while married to him, and afterwards she may collect her kesubah; but regarding the word of one person, he cannot make her swear except by means of a gilgul oath.

18. If a man's wife told him that she committed adultery while married to him willingly, we do not pay attention to her words, for perhaps she has set her eyes on another man. However, she loses her principal and additional kesubah, and she loses the worn-out clothing, for she has admitted to adultery. If he believes her and relies on her words, he is obligated to divorce her. Beis Din does not compel a man to divorce his wife in these matters until two witnesses come and testify that this man's wife committed adultery willingly before them; only then do they compel him to divorce her.

19. A woman who committed adultery while married, unintentionally or under duress, is permitted to her husband, as it says, "but she was not forced" (Bamidbar 5:13)—if she was forced, she is permitted, whether she was forced by a Jew or by a non-Jew. In any case where the beginning of the act was under duress, even if the end was with her consent, and even if she said, "Let him be, for had he not forced me, I would have hired him," she is permitted, for her inclination overcame her; from the outset, it was under duress.

20. Women who were kidnapped by bandits are considered as captives who were coerced, and are permitted to their husbands. But if they were released and then went to the bandits of their own accord, these are considered to have acted willingly and are forbidden to their husbands. The law of one who acted unintentionally and one who was coerced is the same, for unintentionality has an aspect of coercion.

21. In what case are these words said? When her husband is a Yisroel; but the wife of a Kohen who acted unintentionally or was coerced is forbidden to her husband, for she has become a zonah in any case, and he is forbidden to a zonah, as will be explained in the Laws of Forbidden Relationships.

22. Whether the wife of a Yisroel or the wife of a Kohen who was coerced—her kesubah remains, both the principal and the additional amount; she has lost nothing. And we compel the Kohen to give her the kesubah and to divorce her.

23. If the wife of a Kohen said to her husband, "I was coerced," or "I erred and was intimate with another man," he does not need to be concerned for her words, for perhaps she has set her eyes on another man. But if she is believed by him, or if a person whom he relies upon told him, he must divorce her and give her the kesubah.

24. If a man said to his wife in the presence of two witnesses, "Do not seclude yourself with so-and-so," and she entered into seclusion with him in the presence of witnesses and remained there for the amount of time required for defilement, she is forbidden to her husband until he gives her to drink the bitter waters, as will be explained in the Laws of Sotah. If he died before giving her to drink, she does not receive her kesubah, even though nothing disgraceful was found, for there is nothing more disgraceful than this. And nowadays, when there are no Sotah waters, she is permanently forbidden to him, and she leaves without a kesubah, neither the principal nor the additional amount, for her evil actions caused her to become forbidden.

25. If he said to her privately, "Do not seclude yourself with so-and-so," and he saw her seclude herself with him and remain there for the amount of time required for impurity, she is forbidden to him at this time, since there are no mei sotah. He is obligated to divorce her and give her the kesubah. If she admitted that she secluded herself after he warned her, she must leave without a kesubah. Therefore, he makes her swear about this, and afterwards he gives the kesubah.