Prohibition of a man’s wife who has committed adultery
Peace be upon you, dear ones, the Honorable Rabbi Shlita
A Jew from a Hasidic background asked me who left the religion, got married, had an open relationship. Got divorced, repented and wants to remarry.
What about the prohibition of a man’s wife who has committed adultery being forbidden to her husband?
It is a great commandment to permit, of course…
I saw that you wrote an article on the subject of prostitution with the husband’s permission.
I would be happy to rule on the matter.
Thank you very much.
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Many greetings
After another conversation with the Jewish questioner. At the time of the Kiddushin, both of them were far from religion, and he was not interested in marriage but did so to please his parents who were pressuring him to get married. In addition, at that time, he did not know about the concept of open marriage.
Although they were complete infidels during the entire period they had an open relationship, and therefore the latter explanation belongs in this case.
With thanks and blessings
I have now looked again and it seems to me that permission should still be discussed.
Although I thought from the beginning that according to the Mahrikh, a woman who has committed a mistake in law does not permit her husband, because in practice she is committing adultery with him. If so, then in this matter too, even if in their case it is rape from a halakhic perspective, in practice she is committing adultery with the woman. And apparently from this point of view they do not have permission. In the 5th and 6th writings we found that even if it begins with rape and ends with consent, it is prohibited.
But again I saw two sides to permission.
1. There are poskim who wrote that if she committed adultery with her husband's permission, it is not adultery and it is not prohibited against him (and they disappeared from my previous letter). Yes, it is in Rosh Pina Qah, and in AJM Abba'ez 84:47.
2. The words of Maharik themselves are an innovation of his (see Shredi Ash 2:8, which commented on this and offered an explanation, but it is very pressing) that has no source in Shas. Furthermore, in the reply to the Rashba (Chapter 11, Chapter 11), he wrote that it is permissible for her to be a prostitute, and therefore she is forbidden to her husband. From all his words it appears that he disagrees with Maharik and according to her, even inadvertently, she is lawfully permitted to her husband if she were not a prostitute. But with us, it is a pishita who is not a prostitute, since she did not believe in the halacha at all and did not belong to the middik, and we are left with the fact that according to the Rashba she is not forbidden. The substance of the Rashba's voice is found. And finally, I also think that Shmarik is right and his words also belong in the subject under discussion, still perhaps rape that I am mistaken (although it is urgent and as such).
In the end, there is a place to allow this. The permission is not extensive, but in a time of great urgency and if they really love and really want to live together, it seems to me that it can be relied on and especially that here it is for the sake of the returnees.
And I wrote the answer.
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