025 - הִלְכוֹת אִישׁוּת פֵּרֶק כה

Laws of Marriage, Chapter 25

1. If a man marries a woman without specifying any conditions, and it is found that she is bound by vows, she must leave without a kesubah—neither the principal nor any additional amount. Which vows are meant? For example, if she vowed not to eat meat, or not to drink wine, or not to adorn herself with types of colored garments; and the same applies to other types of adornments that are customary for all women in that place. But if she is found to have a different vow, other than these, she does not forfeit anything.

2. Similarly, if a man marries a woman without specifying any conditions, and it is found that she has a blemish from among the blemishes of women that we have already explained, and the husband did not know about this blemish, nor had he heard of it and accepted it—she must leave without a kesubah, neither the principal nor any additional amount.

3. How so? If there is a bathhouse in the city, and he has relatives there, he cannot claim, "I did not know about these blemishes," even regarding hidden blemishes, because he investigates through his relatives, and it is presumed that he heard and accepted. But if there is no bathhouse, or he has no relatives there, he may make a claim regarding hidden blemishes; and if she is subject to periodic seizures, this is considered a hidden blemish. But regarding visible blemishes, he cannot make such a claim, since everyone sees them and tells him, and it is presumed that he heard and was appeased. It is well known that this rule applies only in those places where it is customary for women to go about in the marketplace with uncovered faces, and everyone knows them and says, "This is so-and-so's daughter," or "This is so-and-so's sister," as in the cities of Edom at this time. But in places where it is not customary for girls to go out to the marketplace at all, and if a girl goes to the bathhouse at dusk, she goes disguised and no one sees her except her female relatives—there, he may make a claim even regarding visible blemishes, provided there is no bathhouse, or he has no female relative to investigate through. But if there is a bathhouse in such a city where it is not customary for women to go out with uncovered faces, and he has a female relative, he cannot make such a claim, since everyone sees her naked in the bathhouse. And if their custom is to hide and disguise themselves even in the bathhouse, and for the girl to bathe at night, or in a small private room in the bathhouse by herself, so that she is not seen or recognized—then he may make a claim even regarding visible blemishes. For these matters are based on reason, and are not a scriptural decree. Some of the Geonim ruled that when the Sages said, "because he investigates through his relatives," it does not mean only his relatives, but also his acquaintances; and even if he lives in the city and has no relatives at all—if there is a bathhouse, he cannot make such a claim, for it is possible that he has friends, and he might ask one of his friends to have his wife or sister check on so-and-so. Therefore, it is presumed that he heard and was appeased. But this ruling does not seem correct to me, for not everyone shares everything that is in his heart about such matters with everyone, but only with his closest relatives; furthermore, he relies only on the words of his closest relatives.

4. How is the claim regarding blemishes made? If the blemishes found in her are such that they certainly existed before she became betrothed—for example, an extra finger or the like—the father must bring proof that the husband knew about them and accepted them, or that it is presumed he knew; and if he does not bring proof, she leaves without any kesubah at all. If the blemishes could have developed after the betrothal—if they are found in her after she has entered her husband's house—the husband must bring proof that they existed before she became betrothed, and that his acquisition was a mistaken one; but if they are found in her while she is still in her father's house, the father must bring proof that they developed after the betrothal, and that his field was damaged.

5. If the husband brings proof that the blemishes existed before she became betrothed, or if she admitted this to him, and the father brings proof that the husband saw and was silent and accepted, or that it is presumed he knew and accepted—then he is obligated to pay her kesubah.

Laws of Marriage, Chapter 25

6. If a man had relations with his wife and lived with her for several days, and then claims, "I did not notice this blemish until now"—even if it was within the folds of the skin or on the sole of the foot—his claim is not accepted. There is a presumption that a person does not drink from a cup unless he examines it thoroughly, and therefore it is assumed that he knew and accepted it.

7. If a man marries a woman and it is found that she does not have a fixed menstrual cycle, but rather she does not sense it in herself until she actually sees menstrual blood, she may not engage in marital relations except with two cloths with which she checks herself—one before relations and one after. This is aside from the cloth that the man uses to wipe himself, as will be explained in the Laws of Forbidden Relations.

8. Even though this is a significant defect, she does not lose anything, since she checks herself first and then has relations. If she checked herself and had relations, and when she wiped herself or he wiped himself, blood was found on her cloth or his cloth—if this happened repeatedly, three consecutive times—she is forbidden to have relations with her husband and must leave without a kesubah, neither the principal nor the additional amount, and she does not receive any of the conditions of the kesubah, since she is not fit for marital relations. He must divorce her and may never remarry her, lest she recover and it be found that he did not intend to divorce her completely at the time of the divorce. She is permitted to marry another, as will be explained in the laws concerning niddah.

9. In what case are these words said? When this was her situation from the beginning of the marriage, and from the first act of relations she saw blood. But if this condition developed after she was married, his field has been swept away. Therefore, if he had relations once and no blood was found, and afterwards she began to see blood every time they had relations, he must divorce her and give her the full kesubah; but he may never remarry her, as we have explained.

10. Similarly, any woman who developed blemishes after marriage, even if she became afflicted with boils—if he wishes, he may remain with her; and if he wishes to divorce her, he must give her the kesubah.

11. If a man developed blemishes after marriage, even if his hand or foot was amputated, or he became blind in one eye, and his wife does not wish to remain with him, he is not compelled to divorce her and give her the kesubah. Rather, if she wishes, she may stay; and if she does not wish, she may leave without a kesubah, like any rebellious wife. But if he developed foul breath, or a foul odor from his nose, or returned to collecting dog excrement, or to mining copper from the outset, or to tanning hides, he is compelled to divorce her and give her the kesubah; but if she wishes to remain with her husband, she may do so.

12. If a man became afflicted with boils, he is compelled to divorce her and give her the kesubah. Even if she wishes to remain, she is not listened to; rather, they are separated against their will, because she is harmed by him. But if she says, "I will stay with him in the presence of witnesses, so that he will not have relations with me," she is listened to.

13. If a woman's husband had foul breath, or a foul odor from his nose, or collected dog excrement, or similar conditions, and he died, and she fell before his brother for yibbum, and the brother has the same blemish as her husband had, she may say, "I was able to accept this for your brother, but I cannot accept it for you," and he must perform chalitzah and give her the kesubah.