Q&A: Conflicting Legal Statuses with Halakhic Contradictions
Conflicting Legal Statuses with Halakhic Contradictions
Question
Hello Rabbi,
What should a man do if his wife has both the legal status of a married woman and the legal status of a divorcée, and the commandment of conjugal duty has arrived?
Is the rule here that a positive commandment overrides a prohibition?
Answer
It seems to me that he should not fulfill it, since from the moment he set his mind on divorcing her she is a "divorcée of the heart," and he is forbidden to have relations with her; certainly there is no obligation of conjugal duty.
Discussion on Answer
It depends on different views among the medieval authorities (Rishonim). There are medieval authorities who understand that from the moment he set his mind on divorcing her, she reverts to the status of a betrothed woman. See the article “A Good Measure,” on the Torah portion Ki Tetze, 5767.
So does that also mean he stops being obligated to provide her food and clothing? Or is that not a package deal?