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I’m stunned that this question wasn’t previously asked. The Gemara (Gittin 33a) discusses the concept of כל דמקדש אדעתא דרבנן מקדש - anyone who marries does so with the consent of the Rabbis. As di...
#2: Post edited
by
Monica Cellio
·
2020-09-01T01:49:41Z (over 4 years ago)
What is a “halachic annulment†of a marriage and when is it employed?
- What is a “halachic annulment” of a marriage and when is it employed?
#1: Post edited
by
Monica Cellio
·
2020-09-01T01:49:11Z (over 4 years ago)
fixed import glitches (copied whole body)
<p>I’m stunned that this question wasn’t previously asked. </p><p>The Gemara (Gittin 33a) discusses the concept of כל דמקדש ××“×¢×ª× ×“×¨×‘× ×Ÿ מקדש - anyone who marries does so with the consent of the Rabbis. As discussed there, in very particular cases, they can uproot a marriage retroactively, and thereby permit her to remarry without a proper get (as she was retroactively never married to begin with). It also makes the point that if they did Kiddushin through intercourse, the Chachamim can decide retroactively that it was licentious and therefore did not accomplish Kiddushin. </p><ol><li>In what types of cases is this applied? Not every issue can be solved with this, clearly, as if it could, any agunah could go to her local orthodox Beis Din and get an annulment.</li><li>Does this make them liable retroactively for...<a href="https://judaism.stackexchange.com/q/27925/9682">whatever prohibition is involved in a man sleeping with an unmarried woman</a>? </li><li>In the event that it’s possible for this to be applied when there are children involved, if their father was a Kohen, are they challalim?</li><li>In the event that it’s possible for this to be applied such that a woman who ended up having children from a second husband can annul her first marriage, do those children lose their status of mamzeirus?</li></ol>
- I’m stunned that this question wasn’t previously asked.
- The Gemara (Gittin 33a) discusses the concept of כל דמקדש אדעתא דרבנן מקדש - anyone who marries does so with the consent of the Rabbis. As discussed there, in very particular cases, they can uproot a marriage retroactively, and thereby permit her to remarry without a proper get (as she was retroactively never married to begin with). It also makes the point that if they did Kiddushin through intercourse, the Chachamim can decide retroactively that it was licentious and therefore did not accomplish Kiddushin.
- 1. In what types of cases is this applied? Not every issue can be solved with this, clearly, as if it could, any agunah could go to her local orthodox Beis Din and get an annulment.
- 3. Does this make them liable retroactively for...[whatever prohibition is involved in a man sleeping with an unmarried woman](https://judaism.stackexchange.com/q/27925/9682)?
- 2. In the event that it’s possible for this to be applied when there are children involved, if their father was a Kohen, are they challalim?
- 4. In the event that it’s possible for this to be applied such that a woman who ended up having children from a second husband can annul her first marriage, do those children lose their status of mamzeirus?