PEH036

PEH036

A gave his wife a conditional divorce document before embarking on a long sea voyage. The condition was that the divorce would be valid if he did not return by the New Moon of Adar. Since it was a leap year, A did not return on the New Moon of Adar I. During that month, his wife married B. At the end of the month, A returned home. The question arises: should the divorce document's effective date be the first day of Adar I or Adar II? Isaac ben Salomo Sarucco distinguishes whether A knew at the time of drafting the divorce document that it was a leap year or not. If he did not know, the divorce document would be valid; if he did know, the legal situation becomes uncertain. In the latter case, the woman would need to be divorced by both men, and any child she might have with B would be considered a mamzer (a child born from an illicit relationship) in case of doubt. 37 A man lived apart from his wife for many years in another country. The wife urged him to return home or send her the divorce document. The man sent her the document with the condition that she would waive her rights in the ketubah in writing. While the wife hesitated, the man passed away. She then gave the receipt to the heirs. However, her brother-in-law, who desired levirate marriage with her, considered the receipt late and thus deemed the divorce document ineffective.

1

36

1730-11-04

1731-03-09

SaruccoII

Sarucco, Isaac ben Shlomo

AthiasD

Athias, David Israel