If a woman was married to someone for ten years and divorced because she had no children, then she is entitled to the full Ketubah (divorce settlement) because it is presumed that it is the husband's fault, as we learned before. If that happens the second time, then on the third time, the presumption changes, and, since three times is considered an established rule, she is established as not being able to have children. The third husband can divorce her without a Ketubah payment. Can the previous husband now claim a refund of his earlier Ketubah payment? No, for she can claim, “It is only now that I have grown weak, but it was your fault before.”
If she was then married the fourth time and had children, can she claim the Ketubah from the third husband? – Here, we apply the rule, “Your silence is better than your speech.” He can counterclaim and say, “Had I known that you were fertile, I would never divorce you. So it was not a divorce, and you are still married to me, and your new children are mamzerim.” However, the court can say, “Even if she is silent if that is the truth, then we must act!” Instead, the correct claim is that it is only now that she became healthy and fertile, but at the time of divorce, she was unable to conceive, and therefore the third husband is not liable to pay.
We implied that it is the man's obligation to procreate. Why? The Torah said, “Be fruitful and multiply, fill the earth and conquer it,” talking to men who, in general, engage in battles and conquer. Another opinion is that both men and women have this mitzvah because the word “Be fruitful (p'ru)” is plural imperative. What does the first one answer? The term “conquer” is missing a letter “u” in the way it is written and can be read in the singular.
Art: A Family Resting Before A House, With A Mother Silencing Her Husband Sleeps by Abraham Willemsens
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