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KESUVOS 77

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SUMMARY Epilepsy is regarded as a hidden Mum, and the husband may divorce her without a Kesuvah. (1)   If a husband has Mumim, we do not force him to divorce his wife.   Raban Shimon ben Gamliel: If the Mumim of the husband are major Mumim, such as a missing limb, he is forced to divorce his wife.   The Amora'im disagree about whether a husband who develops Mumim after the marriage must divorce his wife. (2)   Rabah bar bar Chanah in the name of Rebbi Yochanan: Any time Raban Shimon ben Gamliel is mentioned in the Mishnah, the Halachah is like him.   If the husband is a Mukeh Shechin or has a bad odor, whether it is a natural or it is a result of his profession, he must divorce his wife. (3)   Chachamim: If the woman married the man on condition that he has no Mum, the husband does not have to divorce her, with the exception of a Mukeh Shechin.   A woman was married to a tanner who died without children. She may refuse to do Yibum with his brother on the grounds that he is a tanner. (4)   Rav: A husband who says that he will not support his wife must divorce her and give her the Kesuvah. (5)   The Amora'im disagree about whether we force a man to divorce his wife if they lived together for ten years without having children.   There are 24 types of Shechin.   The Torah gives Chen to those who delve into it, and it protects them from harm.   Fortunate is the person who arrives in Olam ha'Ba with his learning in his hand. A BIT MORE 1. It is regarded as a hidden Mum only if her seizures are at fixed intervals, and thus it is possible for her to hide them. However, if her seizures are at unpredictable times, it is regarded as an exposed Mum.   2. Chiya bar Rav: The husband must divorce his wife if the Mumim developed after the marriage. Even if the Mumim preceded the marriage, according to Raban Shimon ben Gamliel, for a major Mum the husband must divorce his wife even though the wife was aware of the Mum at the time of the marriage. The reason is that the wife may claim, "I thought I could handle it, but I found that I cannot."   3. Even if his wife knew about it at the time of the marriage, she may claim that she thought she could live with it but now she realizes that she cannot.   4. Even though she was married to his brother who was also a tanner, she may claim, "I was able to live with the fact that your brother was a tanner, but I cannot put up with it in you."   5. We do not force him to support her in lieu of a Get because it is impossible for her "to live in the same cage as a snake." Since he would be supporting her only out of duress, she cannot live with him.

BRIEF INSIGHT FORCING THE HUSBAND TO GIVE A GET   The Gemara says that for certain Mumim the husband must divorce his wife. Tosfos says that he must give her the Kesuvah even though the he is compelled to give her a Get. The proof that he must give her the Kesuvah is the fact that the Gemara asked why the case of a couple married for ten years without children is not listed in the Mishnah. In that case, the wife receives her Kesuvah. If, in the cases of the Mishnah, the wife does not receive her Kesuvah, then the Mishnah would not have listed the case of being married for ten years. However, the Korban Nesanel says that the husband is obligated to give only the principal Kesuvah, and not the Tosefes Kesuvah. QUICK HALACHAH THE MUM OF EPILEPSY   A man discovers that his wife has epilepsy, and he wants to divorce her but cannot afford the Kesuvah. We force her to take a Get, and he gives whatever part of the Kesuvah he is able to pay. The remainder of the Kesuvah he must pay when he attains the money. This applies only to a large Mum such as epilepsy which -- had the husband had such a Mum -- we would have forced him to divorce her. In the case of such a Mum, the Cherem of Rabeinu Gershom does not apply, because the Cherem was never meant to make it more difficult for a man to divorce his wife than it is for the wife to attain a Get from her husband.

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