Yevamos Chart #9
Chart for Yevamos Daf 24b-25a
THE OPINION OF RAV IN THE CASE OF A SUSPECTED
ADULTERESS WHO MARRIED THE SUSPECTED ADULTERER (1)
AFTER SHE WAS DIVORCED FROM HER HUSBAND (2)
| (A) There are witnesses who saw her sin |
(B) There are no witnesses who saw her sin |
||
| 1 | SHE HAS CHILDREN | She must leave him | She need not leave him (4) |
| 2 | SHE HAS NO CHILDREN (3) |
She must leave him | Lishna Kama: Lishna Basra:
|
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FOOTNOTES:
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(1) It is certainly prohibited l'Chatchilah for him to marry her. The only question is once they did get married, do we force her to leave.
(2) Wherever the Gemara says that she must leave ("Tetzei"), the intention is that we force her to leave the suspected adulterer if he married her after her husband divorced her. According to RASHI (24b, DH v'Iy Ba'is Eima), we also force her to leave her husband in a case where she would also have to leave the suspected adulterer (see Tosfos there who argues with Rashi).
(3) That is, she has no children from her first husband who divorced her (for if she has children from him, and we force her to leave the second husband (the suspected adulterer), we will be substantiating the rumors about her and casting aspersions about her children from the first husband, implying that they are Mamzerim).
(4) In this case, the Halachah does not follow Rav. Rather, whenever an uninterrupted rumor ("Kala d'Lo Pasak") has gone out about her, she is required to leave him.