REVACH L'DAF
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SUMMARY
A BIT MORE
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BRIEF INSIGHT
WHEN MUST THE MAN WHO RUNS AWAY RETURN If a man marries a woman who is pregnant or who is nursing someone else's child and he runs away, according to Rafram we do not require him to divorce her. The Rosh says that he may run away after the Kidushin even l'Chatchilah in order to get out of divorcing her. Similarly, someone who marries a woman who is pregnant or nursing may run away to get out of divorcing her. However, he must run far enough away so that by the time he returns, the three or 24 months have already passed. Otherwise, if we would simply allow him to run to the next town after he defies the dictates of the Sages, the decree of the Sages not to do Kidushin within three months of a woman's divorce or within 24 months for a pregnant or nursing woman would be rendered meaningless.
QUICK HALACHAH
ONE WHO TRANSGRESSES AND MARRIES A PREGNANT OR NURSING WOMAN If a man transgresses the prohibition of marrying a pregnant or nursing woman, we excommunicate him unless he runs away, and he must divorce her with a Get, even if he is a Kohen. (Shulchan Aruch EH 13:12) Although if he runs away he does not have to give her a Get, it is not proper to run away as a method of avoiding giving her a Get. However, if he had done only Kidushin but had not yet married her, the Rambam maintains that even l'Chatchilah he may run away. (Chelkas Mechokek)
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