Hello kollel!
A general q on Motzi shem ra. If a man is guilty of making up a story about his wife, the penalty is he had to remain married to her.
Why don't we say shavei anafshey and forbid her to him based on his testimony? If the goal is to make sure he's supported maybe he should support her but she still is free to marry someone else.
Thank you.
Josh
Shalom Joshua!
This is bomb question, and many of Gedolei HaAchrhronim deal with it at length. Three short answers: 1) according to Rashi, the intent of the husband is to nullify his liability to pay the Kesuba; with regards to the question if she was Meizid (and Asura Lo) or Anusah (and Muteres Lo) he is depending on witnesses that he hopes will arrive. Therefore, it is not the husband creating the Isur, but rather the Eidim, and therefore there is no Ashaviyei here (Kisaote L'Mishpat Sanhedrin 8B) 2) Since the Torah has commanded him to marry this woman under these circumstances, he is Meshu'abad to her, and he has no Ne'emanus in this case to create an Isur on himself (Zichron Sofrim Kesubos 9B) 3)Even if he is Ne'eman to create an Issur due to Ashaviyei, but since there is a Mitzvas Asei to marry her we will say Asei Doche Lo Ta'aseh (Beis Yaakov, Kesubos 10A section beginning "HaRambam..."; - I have simplified the Teirutz, for the full understanding you should see it inside).
Take a look in the Minchas Chinuch Mitzvah 553, the section beginning "V'Hinei Nisparseim Kushias HaAchronim (he begins with a different question and ends up with yours).
Great work Josh!
Shimon Brodie