Sunday, October 5, 2008

Gittin 85 - Get with Unusual Conditions

If one gives his wife a Get and says, "You are hereby permitted to any man except to my father or your father," or “to a slave or an idolater,” the divorce is valid since her marriage to any of these men would not be binding.

But what if the husband makes a condition that she can not marry a particular minor? At present, the minor can not marry, but eventually, he will become an adult. By comparison with a minor girl who can divorce, because eventually she will marry as an adult, the Get above is declared not complete separation, thus void.

Art: Eleanor of Toledo. Portrait by Agnolo Bronzino.

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