Purification and baptism for a divorcee
Hello Rabbi,
Is a woman who is separated from her husband (in the process of divorcing), after she begins menstruating, still obligated to examine herself, count 7 clean days, and immerse herself until she receives the get?
thanks.
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But as long as she hasn't received the get, she's still a man's wife and can have relations with her husband, right? Regardless, it's also possible that they might decide to annul the divorce, and in that case, if she's not pure (although she might have been), then there's a danger that they'll violate the prohibition of niddah if quite some time has passed.
No. They are not allowed to have a relationship if they have decided to separate. This is the heart's divorce. In the current situation, there is no obligation to fear a state of change.
1. I found here – https://www.yeshiva.org.il/midrash/28486, that according to the Geonim, a divorce of the heart is only in a situation where the man has not informed his wife that he wants to separate from her (and it really sounds quite logical). What does the Rabbi think?
2. In addition, is there a difference if the husband himself does not want to separate, but the wife does, and in order not to “hold her by force” agrees to divorce her?
3. Is the fear of the children of a divorce of the heart indeed a halakhic situation (i.e. the halakhic status of the woman is defined as a ” divorce of the heart” which means that you have imposed certain restrictions on her and/or her husband, etc.), or should this be treated as a scientific fact (wrong?) that the Sages concluded that in such a case, if it comes to her, then the children will be defective for some reason?
Thank you.
1. The simple explanation is that whenever he doesn't want to live with her, he is forbidden to come to her. When he didn't inform her, this is another prohibition of hypocrisy.
2. In my opinion, there is no difference, at least morally. And the entire discussion here is moral.
3. It is not because of a defect in the children. The defect (whether it exists or not) is a consequence.
2. Why is the whole discussion moral and not halakhic? In addition, why is there no difference in this case? After all, the husband himself does want to live with her.
3. Could you please explain the scope of the halakhic prohibition? From what I understand, Chazal defined that in the event that a man comes to his wife when she is in the status of a “divorced woman”, then the children who are born can have a defect. If I understood you correctly, you claim that in principle there is a restriction on marital relations with a woman in such a status, and another implication is the creation of a defect in the children. If I understood you correctly, can you explain why you believe this from the Gemara's perspective?
2. If the wife does not want to live with him, the marriage is over. They have returned to the state of engagement. See my article https://docs.google.com/document/d/0BwJAdMjYRm7IVUJJM29EY0syTHc/edit?resourcekey=0-uQiV6kBjUYbJGu2p2jTIpQ
3. In Gittin 2 Ezra it is written:
A Rav from Sarshia Rava: If his heart is to divorce her and she sits under him and serves him, what is it? It is translated as: (Proverbs 3) Do not devise evil against your neighbor and he sits securely with you.
This speaks of a situation where he wants to divorce her and did not tell her.
But in Nedir 2 Ezra 2 the issue of divorce of the heart appears, and simply in my opinion it has nothing to do with the question of whether she knows or not.
The fact that there is a defect in the children is because there is a problem in such relationships. It is completely simple.
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