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The halachic validity of civil marriages

שו"תThe halachic validity of civil marriages
שאל לפני 3 שנים

Hello Rabbi,
I am currently studying for the Rabbinical exam in the field of wedding ceremonies and kiddushin. The Shulchan Arba (Ahaza 26:1, B.A. and Ben-Ach) explains that someone who does not observe Torah and mitzvot does not fall under the rule, "No one makes his excuse for fornication." Therefore, if a man and a woman live together as a couple for years, and even if they married each other in a civil marriage, the woman is not considered the wife of a man.
This is the language of the Rema: A Gentile who marries a Gentile according to Gentile etiquette, and a converted woman who marries a converted woman according to their etiquette and later converts, there is no concern here about sanctification at all, and it is permissible to leave him without a get, even if he has been with her for several years, it is nothing more than adultery.
We know that even among Gentiles, a marital system exists, even from a halakhic perspective. After all, one of the 70 commandments of the Noahide is fornication, and a Gentile who comes to his fellow man's wife is liable to death.
My question is, why is the relationship considered 'fornication with a husband' when the marriage is not halakhically anchored, as defined by the Rema? Why wasn't it said that even if the halakhic level is not present here, the general human level exists, and the man and woman will be considered a couple at least on a gentile level? Why wasn't it said that as long as there is no clear separation (civil divorce), the woman is considered the wife of a man who will commit suicide?


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מיכי צוות ענה לפני 3 שנים
True. Their status is like that of a public figure or a Noahide marriage. It would be fair to say that if they wanted to formalize the relationship, they would marry legally, and therefore if they didn't marry, they have no marital partner at all, but this is pressing. Today, many people don't want to marry legally because they oppose halakha and rabbinate law, but they do want to formalize it. The relationship is considered prostitution only for the fact that she is not the wife of a man and does not need a divorce. But it is certainly not prostitution, since this is a normal Noahide marriage. What is the point of saying that it is prostitution? Perhaps among the Mushumedim it is prostitution because they lived without sanctification as the Jews did, but among the Gentiles it certainly is not. Of course, a marriage without kiddushin does not require a get (contrary to the words of Rabbi Daychovsky, who wanted to define the marriage of the sons of Noah in the light of the Rogatshuver and require a get). Separation in a Noahide marriage is the very decision to separate. See Rambam, Ish HaLesh, Marriages.

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