Laws of Divorce, Chapter 10

1. In every place in this work where we have said that the get is void, or it is not a get, or she is not divorced—this means that the get is void according to the Torah, and she remains a fully married woman. If she remarries, she must leave her new husband, and the child is a mamzer. If her husband is a Kohen, she is not forbidden to him because of being a divorcee, except in the case where a man divorces his wife and says to her, "Behold, you are divorced from me, but you are not permitted to everyone." Even though this is not a valid get, she is nevertheless disqualified from marrying a Kohen by rabbinic decree, as it is written, "and a woman who is divorced from her husband" (Vayikra 21:7). The Sages said: even if she was only divorced from her husband and not permitted to everyone, she is forbidden to a Kohen. This is called "the scent of a get," which disqualifies her from marrying a Kohen by rabbinic law.

2. In every place in this work where we have said that the get is invalid—this means it is invalid only by rabbinic law. Through such a get, she becomes disqualified from marrying a Kohen by Torah law. Ideally, she should not remarry; but if she did remarry, she does not have to leave her new husband, and the child is kosher. Another valid get should be written and given to her while she is still married to her husband. If it is not possible to write another get, and the husband is upright and divorces her on his own initiative, this is praiseworthy if he has no children. But if he has children, he should not divorce her because of the invalidity of the get, lest he cast aspersions on his children.

3. In every place in this work where we have said, "this is a doubtful divorce," or "she is doubtfully divorced"—she should not remarry. If she did remarry, she must leave her new husband, and the child is a doubtful mamzer, because she is a doubtful ervah. Whether a man divorced his wife with an invalid get, or she was doubtfully divorced and he wishes to take her back—she is permitted to her husband; and there is no need to renew the marriage, recite the seven blessings, or write a new kesubah, until she is divorced with a complete divorce.

4. Anyone who remarries with a void get must receive a get from the second husband by rabbinic decree, so that people will not say that a married woman leaves without a get. She must also receive a get from the first husband to permit her to marry anyone else. She is forbidden to both men forever, even if she had relations with the second by mistake, so that people will not say that this man took back his divorcee after she remarried. If either of the two transgressed and took her back, he must divorce her.

5. The same law applies to a woman who had witnesses come and testify that her husband died, and she remarried, and then her husband returned—whether her husband was of sound mind or deaf, whether she remarried a man of sound mind or a deaf man whose kiddushin is not a full kiddushin—she must leave both men, must receive a get from both, and is forbidden to both of them forever.

6. If she became betrothed, and then her husband returned, or the get was found to be void—she is permitted to her husband and does not need a get from the second man, for kiddushin does not take effect with a married woman. There is no concern that people will say a married woman leaves without a get, for since she was not fully married, people will say there was a condition in the kiddushin that was not fulfilled.

7. A woman who remarried, and then the get was found to be void, or her husband returned after she heard he had died—the first and second husbands have no rights to her found property, her earnings, or the annulment of her vows. Any produce that either of them consumed after she remarried is not recovered from them. She has no kesubah, nor any of the conditions of the kesubah, nor support—not from this one nor from that one. If she took from either of them, she must return it. Anything that was worn out or lost from her property, even from nichsei tzon barzel, is not recovered from either of them. The child from the second husband is a mamzer. If the first husband had relations with her before the second divorced her, the child is a mamzer by rabbinic law. If the second husband divorced her and she took her kesubah from him, and then her first husband returned or the get was found to be void, what she took is not recovered from her, neither from the support nor from the kesubah.

Laws of Divorce, Chapter 10

8. The same law applies if a man’s brother betrothed a woman and then went away, and it was heard about him that he died, and the man performed yibum (levirate marriage) with his brother’s wife, and afterwards the brother returned. She must leave both men, and she requires a get from both, and all the above procedures apply to her. Similarly, if a man betrothed a woman and she went to another country, and he heard that she died, and he married her sister, and afterwards it became known that she had not died—both women require a get from him, and all the above procedures apply to them.

9. However, if a man’s married wife went to another country, and he heard that she died, and he married her sister, and it turned out that his wife was still alive—her sister does not require a get from him, and his wife is permitted to him. The same applies to all other forbidden relatives whom he married under the assumption that they were permitted, and it turned out they were forbidden—no get is required, for kiddushin does not take effect with forbidden relatives.

10. And why did they require a get from the sister of his betrothed? Because people might say that there was a condition in the betrothal, and he married her sister according to halachah; and since her sister left with a get, the first sister, who is his original betrothed, is forbidden, so that people will not say he married the sister of his divorcee.

11. If the scribe wrote and erred, and gave the get to the man and the receipt to the woman, or they themselves erred and the husband took the get and she took the receipt, and it seemed to them that she was divorced, and after some time the get was found in the man’s possession—if she has not remarried, she is not divorced, and it becomes clear that she was not yet divorced, and he should give her the get in our presence, and she will be divorced from the time it is given. But if she remarried, and afterwards the husband produced the get and said, “She was not yet divorced, for the get is in my hand and did not reach hers”—we do not listen to him to prohibit her to her second husband; rather, she is presumed to be divorced, and the get must have fallen from her hand and he found it, and he is now coming to prohibit her to her second husband.

12. If a man divorces his wife because of a bad reputation, or because she is lax with vows, we tell him: “Make it known to her that you are divorcing her for this reason, in order to discipline her; and know that you may never take her back.” And why may one who divorces such a woman never take her back? It is a decree, lest she marry another, repent, and become modest while married to him, and the first husband will say, “Had I known this would happen, I would not have divorced her,” and it will turn out that he divorced her on a condition that was not fulfilled, and the get will be retroactively void. Therefore, we tell him: “Resolve in your heart to divorce her, for she will never return to you,” and if he transgressed and took her back, he does not have to divorce her.

13. Similarly, one who divorces his wife because she is an aylonis (a woman incapable of bearing children), or because she sees blood at every time of intimacy—he may never take her back, lest she marry another and the aylonis gives birth, or the nidah is healed, and he will say, “Had I known this would happen, I would not have divorced her,” and the get will be void and the children will be mamzerim. But if he transgressed and took her back, he does not have to divorce her.

14. An agent who brought a get from outside Eretz Yisroel and said, “It was written and signed in my presence”—he may not marry her, for we are concerned that he set his eyes upon her and therefore testified for her. Similarly, a single witness who testified to a woman that her husband died, and she married based on his word—he may not marry her. Likewise, a sage who forbade a woman to her husband through a vow—he may not marry her. Similarly, one who was suspected regarding a maidservant and she was freed, or regarding a non-Jewish woman and she converted—he may not marry her. Likewise, a non-Jew or slave who had relations with a Jewish woman—even if the non-Jew converted or the slave was freed—he may not marry her. In all these cases, if they transgressed and married, we do not force them to separate.

15. In all these cases, if they had wives and their wives died, or they divorced, and it was the women who had caused their husbands to divorce them—these women are permitted to marry them initially. Similarly, if these women went and married others, and were widowed or divorced—these women are permitted to marry them initially.

Laws of Divorce, Chapter 10

16. Each of these women is permitted to marry the son of the witness who testified for her, or the son of the sage who forbade her to her husband, or the son of the one about whom the suspicion was raised regarding her, or any of their other relatives—for a person does not sin so that another may benefit. A woman is also permitted to marry one of the witnesses to her divorce, or to her refusal (mi'un), or one of the judges before whom she performed chalitzah—for we are only concerned about the testimony of a single witness. Nevertheless, a person should always distance himself from testimony of refusal and draw closer to chalitzah.

17. If a man divorces his wife and then has relations with her in the presence of witnesses before she marries another, whether he divorced her from marriage or from betrothal, since she was his wife, she is presumed to have been taken back, and he had relations with her for the sake of betrothal, not for the sake of promiscuity. Even if they saw him give her money, the presumption is that a person does not have relations with his wife for the sake of promiscuity, and since it is within his power to make it a mitzvah act, therefore, she is presumed to be certainly betrothed and requires a second get from him.

18. If he secluded himself with her in the presence of witnesses—if she was divorced from marriage, we are concerned that perhaps they had relations, and those who witnessed the seclusion are considered witnesses to the act, for anyone who betroths through relations does not need to have relations in the presence of witnesses; rather, he should seclude himself before them and then have relations, as we have explained. Therefore, she requires a get out of doubt, and she is considered doubtfully betrothed. But if she was divorced from betrothal, we are not concerned for her, since his heart is not familiar with her.

19. Some of the Geonim ruled that any woman who has relations in the presence of witnesses requires a get, for there is a presumption that a person does not have relations for the sake of promiscuity. They went further and added to this matter, to the extent that they ruled that if a man has a son from his maidservant, we are concerned for him, and his wife should not undergo yibbum, lest he freed his maidservant and then had relations with her; and some ruled that it is certain he freed her, for a person does not have relations for the sake of promiscuity. All these matters are, in my eyes, extremely distant from the ways of halachic ruling, and it is not proper to rely on them. For the sages only stated this presumption regarding a man who divorced his wife, or one who betroths on condition and then has relations without specifying, since she is his wife—and with his wife, the presumption is that he does not have relations for the sake of promiscuity, unless he specifies that it is for promiscuity or that he is having relations on condition. But with other women, every promiscuous woman is presumed to have relations for the sake of promiscuity, unless he specifies that it is for the sake of betrothal. And needless to say, with a maidservant or a non-Jewish woman, who are not fit for betrothal, we are not concerned for them at all; and the son from them is presumed to be a non-Jew or a slave, until it is certainly known that his mother was freed or converted.

20. If a woman was established as a married woman, whether from marriage or from betrothal, and a rumor spread in the city that she was divorced, even if most or all of the city are passing along the report that she was divorced, we are not concerned for her, and she retains her status. But if a rumor spread in the city that she was betrothed, and the rumor was established in Beis Din, so that she is doubtfully betrothed as we have explained, and afterwards a rumor spread about her that she was divorced from that betrothal—she is considered divorced, for the rumor forbade her and the rumor permitted her.

21. A person should not marry a woman with the intention of divorcing her; nor should she remain with him and serve him while he intends to divorce her. A person should not divorce his first wife unless he finds in her something unseemly, as it is said: "Because he found in her an unseemly matter" (Devarim 24:1). It is not proper to hasten to send away one's first wife; but a second wife, if he hates her, he may send her away.

22. A woman who is evil in her ways and is not modest like the upright daughters of Israel—it is a mitzvah to divorce her, as it is said: "Drive out the scoffer, and strife will go out" (Mishlei 22:10). And a woman who was divorced because of promiscuity—it is not proper for a fit person to marry her, for this one removes a wicked woman from his house and that one brings her into his house.

23. If a man's wife becomes deaf-mute, he may divorce her with a get, and she is considered divorced. But if she becomes insane, he may not send her away until she recovers; this is a decree of the Sages, so that she should not be left abandoned to immoral people, since she is unable to protect herself. Therefore, he leaves her and marries another, and provides her with food and drink from her own property. He is not obligated to provide her with sustenance, clothing, or marital relations, for a person of sound mind is not required to live together with someone who is insane in the same house. He is also not obligated to heal her or to redeem her. If he does divorce her, she is divorced, and he sends her out from his house, and he is not required to continue caring for her.