1)

DO WE FORBID ONE WHO REMARRIED DUE TO ONES? [Edus Ishah:Ones]

(a)

Gemara

1.

88b - Question: Granted, when the husband (of one who remarried) returns she needs a Get from her first husband (she was truly married to him). Why does she need a Get from the second man? It was mere Bi'as Zenus!

2.

Answer (Rav Huna): This is a decree lest people say that the first man divorced her, she married the second man, and now she leaves him without a Get.

3.

Question (Mishnah): If they told her that her husband David died and she became Mekudeshes to Levi and later David returned, she may return to him.

i.

If she needs a Get from Levi to return to David, it would look like David is Machazir Gerushaso after she became Mekudeshes to someone else!

4.

Answer #1: The Mishnah is like R. Yosi ben Kipar, who permits Machazir Gerushaso if she became only Mekudeshes to someone else.

5.

Objection (Seifa): Even if Levi gives her a Get, it does not disqualify her from Kehunah.

i.

If a Get was required, it would disqualify her!

6.

Answer #2: Here, people will not think a married woman leaves without a Get. They will say that it was a mistake, and they were never married.

7.

Question: We should say the same when she did Nisu'in!

8.

Answer: We fined her (to need a Get) only when she transgressed (by having Nisu'in).

9.

91a (Mishnah): If she got married without permission of Beis Din, she may return to her husband.

10.

(Rav Huna citing Rav): This is the Halachah.

11.

Question (Rav Sheshes): 'This is the Halachah' implies that others argue (and forbid her to the first husband). What did she do wrong (that she should be fined)?!

12.

91b - Question (Ula - Mishnah): Any of the following invalidates a Get:

i.

It was dated counting from (the start of) the reign of Rome, Persia, Greece, or the building or destruction of the Mikdash;

ii.

It was written in the east (of the city), but it says that it was written in the west, or vice-versa.

iii.

If a woman remarried based on such a Get, she may not remain married to either husband, and all the fines (of the Mishnah 87b) apply (even though she is blameless)!

13.

Answer: She is to blame. She should have read the Get (to a Chacham)!

14.

Question (Rav Simi bar Ashi - Mishnah): If Leah did Yibum and then her Tzarah Sarah married (a stranger), and then we learned that Leah is an Ailonis (so Sarah was forbidden to marry), Sarah must leave her husband (or Yavam, if she later did Yibum). All the fines apply (even though she is blameless)!

15.

Answer: She is to blame. She should have waited (to see whether Leah is an Ailonis).

16.

Question (Abaye - Mishnah): If Leah was Ervah to the Yavam and her Tzarah Sarah married (a stranger), and then we learned that Leah is an Ailonis (so Sarah was forbidden to marry), she must leave her husband (or Yavam). All the fines apply (even though...)!

17.

Answer: She is to blame. She should have waited!

18.

Question (Rava - Mishnah): A scribe wrote a Get for a man, and a receipt (for payment of the Kesuvah) for his wife. By mistake, he gave to her the Get and gave to him the receipt. Each gave the document he or she received to the other. The mistake was realized only after she remarried (she has the receipt and her husband has the Get). She may not stay with either husband, and all the fines apply.

19.

Answer: She is to blame. She should have read the Get!

20.

Question (Rav Ashi - Mishnah): If any of the following was changed on a Get, it is invalid: his or her name, or the name of his or her city;

i.

If a woman remarried based on such a Get, she may not stay with either husband, and all the fines apply!

21.

Answer: She is to blame. She should have read the Get!

22.

Question (Ravina - Mishnah): If he gave her a Get Kare'ach (a special type of tied Get which Chachamim enacted, but it lacks the required number of witnesses) ... she may not stay with either husband ...

23.

Answer: She is to blame. She should have read the Get!

24.

Rav Papa was about to permit a woman to return to her husband, because she was blameless.

25.

Objection (Rav Huna brei d'Rav Yehoshua): We brought many Mishnayos showing that we fine her anyway!

26.

Answer (Rav Papa): We answered that in all of them, she was to blame!

27.

Objection (Rav Huna): Will we rely on those answers?!

(b)

Rishonim

1.

Rif (Yevamos 28a) and Rosh (Yevamah 10:1): Rav Papa was about to permit a woman to return to her husband, because she was blameless. Rav Huna brei d'Rav Yehoshua convinced him not to, for many Mishnayos show that we fine her anyway. We do not rely on the answers given.

i.

Sefer haZechus (30b b'Sof): We never permit an Eshes Ish who remarried because she was blameless.

ii.

Nimukei Yosef (Sof 28a): It is a fine to require a Get from the Sheni (before she remarries), to make it harder for her to remarry. It is better to explain like the Yerushalmi, that it is to substantiate the Isur to the Rishon. It is as if the Sheni truly married her, therefore she is forbidden to the Rishon, and if she married the Rishon before the Sheni divorced her, the children are Mamzerim.

2.

Rambam (Hilchos Gerushin 10:4,5): Anyone who remarried relying on a Batel Get must receive a Get mid'Rabanan from the new husband, lest people say that a married woman leaves without a Get. She needs a Get from her first husband to permit her to other men. She is forbidden to both of them permanently, even though the Bi'ah was b'Shogeg. This is so people will not say that her husband remarried her after she married someone else in between. If either of them remarried her, he must divorce her. The same applies when witnesses told a woman that her husband died and she remarried and her husband returned. Whether her original and new husbands are healthy or Chereshim who cannot Mekadesh fully, she must leave both men and is forbidden to them forever.

i.

Magid Mishneh: The Rambam equates this to the law of a woman whose husband returned after she remarried (based on one witness). The Gemara supports this.

ii.

Question (Mishneh l'Melech): The Gemara says that she needs a Get lest people say that a married woman leaves without a Get. The Rambam says that she may not stay with the Rishon (her first husband) lest people say that he is Machazir Gerushaso after she remarried. Why can't she stay with the Sheni? The Rambam does not consider her Mezid. He calls her Shogeg! Also, if she was Mezid this would forbid her also to the Rishon (we would not need to say that it looks like Machazir Gerushaso)! It seems that Chachamim fined her because she transgressed. The Rishon did not transgress, so the Rambam needed to explain that since she needs a Get from the Sheni, she looks like Machazir Gerushaso. However, the Gemara (88b) understood why she needs a Get from the Rishon and asked why she needs a Get from the Sheni!

iii.

Answer (Mishneh l'Melech): The Gemara asked why she needs a Get from the Sheni, since she was never truly married to him. Once it answered this, we understood why she cannot return to her husband. Alternatively, the Gemara discussed one who remarried based on one witness. This is not Ones. It understood why she is forbidden to both. It asked only about the Get from the Sheni. We hold that even one who remarried based on two witnesses is forbidden to both men (even though this is Ones). It is a fine to forbid her to the Sheni. She is forbidden to the Rishon lest people say that he was Machazir Gerushaso.

iv.

Mishneh l'Melech: Other Rishonim, e.g. the Nimukei Yosef, say that Chachamim fined her to forbid her to both men. She is forbidden to the Rishon even before the Sheni divorces her. The Yerushalmi supports this. However, the Rambam agrees that she is forbidden to the Rishon even if the Sheni died without giving her a Get. Chachamim required a Get because people will think that she married the Sheni. However, if she was merely Mezaneh, since there is no need for a Get from the Bo'el she remains permitted to her husband.

(c)

Poskim

1.

Shulchan Aruch (EH 150:1): If a woman was divorced with a Get that is Batel mid'Oraisa, she is still a full Eshes Ish. If she remarried she must leave him and the child is a Mamzer. To remarry she needs a Get from the Sheni mid'Rabanan, and from the Rishon mid'Oraisa. She is forbidden to both of them forever. All 13 fines against a woman whose husband returned after she remarried (after hearing that he died) apply.

2.

Rema (17:58): If a woman was coerced to marry, or if Beis Din mistakenly permitted her and she remarried based on this, she is like an Anusah and she is permitted to her first husband.

i.

Source (Beis Yosef DH Kosav ha'Rashba): The Rashba (Teshuvah 1189) says that Michal was permitted to David (even though she married Palti ben Layish after David was Mekadesh her with Orlos Plishtim and the money Sha'ul owed to him) because she was Anusah. I.e., Sha'ul forced her. Alternatively, it was a total mistake. Sha'ul Beis Din ruled that David's Kidushin was invalid (because the Da'as of the Makneh is on the loan). A mistake like this is Ones.

ii.

Rebuttal (Taz 71): He is called Paltiel because Palto Kel (Hash-m saved him from sinning), i.e. he did not have Bi'ah with her (Sanhedrin 19b)! Also, if the Tzibur sinned due to a mistaken Hora'ah of Beis Din, a Korban is required. We do not bring Korbanos for Ones! Why is this different than marrying according to two witnesses? We rule that the fines apply then! It seems that one should not be lenient like this Teshuvah.

iii.

Defense (Beis Meir): David would not know whether or not there was Bi'ah (without prophecy); the Rashba explains David's Heter. He compares this Heter to women who became switched at the Chupah with each other's husband (Yevamos 33b). They are permitted to their husbands, yet they must bring Korbanos.

iv.

Beis Shmuel (31:10): Maharik forbids an Eshes Ish who remarried even if a Chacham ruled that she is permitted. The Rashba himself gave another answer (why Michal was permitted to David).

See also: