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Table of Contents – Laws of Judaism Concerning Women and Men
Laws of Religion
Laws of Judaism Concerning Women and Men
3. Finding a Spouse
from the Biblical Books of Moses (Torah),
the Code of Maimonides (Mishneh Torah)
and the Shulchan Aruch
From the Biblical Books of Moses (Torah)
The Torah explains that the first woman was created from the rib of the first man[1] which is why a man will leave his parents and cling to his wife.[2]
When it is time for Jacob to find a wife, his father, Isaac, tells him not to marry a woman from Canaan, where they live, but rather to travel to the house of his uncle, Laban, and find a cousin to marry.[3]
Jacob intended to marry Rachel, but Rachel’s father Laban brought Rachel’s sister, Leah, to Jacob instead at night. Jacob had sexual intercourse with Leah and, as a result, was married to her although he did not realize until the morning that it was Leah rather than Rachel.[4] Then, one week later, Jacob also marries Rachel.[5] (So Jacob was married to two sisters, who were his first cousins.)
If a man seduces a virgin who is not betrothed, then he shall pay the bride-price and marry her. If her father refuses the marriage, then the seducer shall still pay her father the bride-price for virgins.[6]
A male descendant of Moses’s brother Aaron, that is, a priest, is to marry only a virgin.[7] He is forbidden from marrying a woman who has been defiled, a prostitute, a divorced woman or a widow.[8]
When an Israelite man named Zelophehad died with no sons, his daughters complained to Moses and the other leaders that they did not want their father’s name to die because he had no sons. Moses asked the Lord what to do and the Lord said that daughters shall inherit if there are no sons. If there are no sons or daughters, then the man’s brothers inherit. If he had no brothers, then his father’s brothers inherit.[9] But the tribal leaders protested that if daughters inherit and then marry men of a different tribe, the land belonging to their father will then become transferred to the husband’s tribe. So the Lord decreed that daughters who inherit property must marry within their own tribe. As a result, the daughters of Zelophehad married their first cousins on their father’s side.[10]
The Lord commands the Israelites that when a town refuses to submit to them, they should besiege the town, kill all the men and take the women and children as booty.[11] (Thus, women and children who were captives of war could be enslaved and the women could be married.)
If, after a battle, an Israelite soldier sees among the female captives a woman of beautiful form whom he desires and wants to marry, he is to permit her to stay for one month in his house to mourn her father and mother. Only then may he have sex with her and make her his wife. But if he is not satisfied with her, he must set her free. He may not sell her for money or make her his slave at this point because he has defiled her.[12]
When the Israelites defeated the Midianites in battle, they killed all the Midianite men. Moses became angry with the army officers because they had permitted the Midianite women to live. Moses ordered that all the women and male children be killed, but that the virgin young females be allowed to live for the Israelite soldiers to take for themselves.[13] As a result, 32,000 Midianite virgins were taken as part of the booty by the Israelite soldiers.[14]
The Lord forbade the Israelites from marrying members of the seven nations they were going to conquer in the Land of Canaan: the Hittites, the Girgashites, the Amorites, the Canaanites, the Perizzites, the Hivites and the Jebusites. He said that he would destroy them if they did marry people of these nations.[15]
The Torah lists close relatives that a man is forbidden to have sexual intercourse with (and is thus also forbidden to marry): his mother,[16] his father’s wife (even if she is not his mother),[17] his sister (even if they have only one parent in common),[18] his granddaughter,[19] his aunt,[20] his son’s wife and his brother’s wife.[21] Also forbidden is a woman and her daughter or granddaughter, and a woman and her sister while the original woman is still alive.[22] A man is also forbidden to have sexual intercourse with another man.[23]
A newly married man shall stay home to be happy with his wife for one year before he can join the army or take on any related responsibility.[24] The Lord said that when the Israelites amass for battle against an enemy, the leaders should send home any of the soldiers who are betrothed but not yet married, so they can get married. Similarly, soldiers should return home if they have built a new house but not yet dedicated it, if they have planted a vineyard but not yet eaten of its fruit or if they are afraid (so as not to dishearten their fellow soldiers).[25]
If a man divorces his wife and she marries another man and the second husband divorces her or dies, her first husband may not remarry her because she has been defiled. That would be an abomination before the Lord.[26]
If two brothers live together and one of them dies, the surviving brother is to have sexual intercourse with his brother’s widow and take her as his wife. Their firstborn child shall bear the name of the dead brother so that his name shall not be wiped out. (Editor’s note: This is called “levirate marriage” or, in Hebrew, yibbum.) If the surviving brother does not want to marry his brother’s widow, she is to report that to the city elders. If they cannot convince him to marry her, then the widow shall, in the presence of the elders, pull off his sandal, spit in his face and say, “This is what is done to a man that will not build up his brother’s house.” From that time on, his family shall be known as “the house of him whose sandal was pulled off.” (Editor’s note: This is known as the ritual of halitzah.)[27]
Finding a Spouse
Jewish Law (Halakha) from the Code of Maimonides (Mishneh Torah)
Contents:
Obligation to marry and have children – Proper age for marriage
Partners forbidden for intercourse/marriage
Marrying a person with defects
Obligation to marry and have children – Proper age for marriage (Maimonides, Mishneh Torah). Every man is obligated to marry in order to fulfill the Biblical commandment to be fruitful and multiply.[28] A man should not live without a wife because marriage leads to great purity.[29] The Sages said that a man should have a wife to prevent him from having unchaste thoughts.[30] A man who is consumed by the study of Torah may forego marriage[31] if his sexual urges do not overcome him and he is free of unchaste thoughts.[32]
The Sages commanded that a man should marry off his sons and daughters when they are close to puberty, to prevent sexual thoughts and forbidden sexual relations.[33] At the same time, a man should first have an occupation and then buy a house to live in before getting married.[34] A man should study Torah before getting married because married life will interfere with his studies. However, if sexual desire and thoughts interfere with his studies, he should marry and then study Torah.[35]
The obligation to have children applies only to men, not to women.[36] Thus, a man is required to take a wife but a woman is permitted to remain unmarried. A man should not marry a barren woman, a woman too old to have children, a woman (aylonit) with masculine characteristics or a minor female not able to give birth, unless he has already fulfilled his obligation to be fruitful and multiply or he takes another wife who can bear children. A woman may marry a eunuch.[37] Nevertheless, the Sages say a woman should have a husband to avoid suspicion of immoral behavior.[38]
The obligation to have children is fulfilled when a man has one son and one daughter.[39] This obligation begins when a man is 17 years old and if he is not married by the time he is 20 then he is guilty of transgressing the commandment of the Torah to be fruitful and multiply.[40]
A betrothal* involving a male minor (less than 13 years old or without pubic hair[41]) is not valid.[42] However, if the marriage of a male minor is finalized, no ketubah (marriage contract) is to be written until he is of age.[43]
A father may betroth his daughter to a man without her consent until she becomes a mature woman (bogeret)**. If the betrothal is accomplished by a gift from the man, the gift is given to the girl’s father.[44] If a female minor is given for betrothal by her father and the man she is betrothed to insists on finalizing the marriage while she is still a minor, he has a right to do so even though it is improper for him to do that and even if the girl and her father object.[45] If the betrothal is accomplished by sexual intercourse, the girl must be over three years and one day old. If she is less than three years and one day old, betrothal by sexual intercourse does not result in betrothal.[46] (Sexual intercourse with a female less than three years and one day old is not considered to be sexual intercourse§§.[47]) When a female minor is given for betrothal by her father the betrothal is valid, but the Talmudic Sages said that a father should wait until his daughter comes of age and freely consents to the marriage.[48]
If a man tells another man that he is taking as betrothed to him the female fetus of the second man's wife by giving the appropriate item to the second man, the betrothal is only valid if the second man's wife is visibly pregnant at the time (and, of course, only if the baby turns out to be a girl). Maimonides expresses the personal view that such a betrothal must be repeated following the birth of the girl.[49] (Editor’s note: No minimum age for a female is specified for becoming betrothed with her father's consent through the payment of money or by contract.)
Though betrothal of a female minor is valid, a man should not betroth a female until she becomes a mature woman (bogeret).[50] A young man should not marry a much older woman and a young woman should not marry a much older man since this leads to forbidden sexual relations with others.[51]
A desirable spouse (Maimonides, Mishneh Torah). A man should see a woman to judge if she is attractive and suitable for marriage before they are betrothed.[52] It is improper for a man of virtue to marry a woman who has been divorced because of her loose moral conduct.[53]
A man should strive to marry the daughter of a scholar of the Torah and to marry his daughter to a scholar of the Torah.[54] No man should marry the daughter of a man who is not learned in the Torah, for if he dies then his children will grow up in ignorance of the Torah. If necessary, he should sell all his possessions to marry the daughter of a Torah scholar. Similarly, no man should give his daughter for marriage to a man who is not learned in the Torah, because such a man will, like an animal, hit her and have sexual intercourse with her, since he is without shame. A man should marry his daughter to a scholar of the Torah because there is no reprehensible conduct or strife in the home of a Torah scholar.[55]
A man should not marry a woman whom he intends to divorce unless he has informed her in advance that the marriage will be for a limited period of time.[56]
A man should not marry a woman who is pregnant by another man. This is to prevent him from harming the fetus during sexual intercourse because it is not his and he has no concern about it.[57]
Also, a man should not betroth or marry a woman who has had a baby until the two year period of nursing has ended, even if she has weaned the child or given it to a wet nurse for suckling. If the child dies before the two years is over, he may marry the woman.[58]
Partners forbidden for intercourse/marriage (Maimonides, Mishneh Torah). The Torah, as cited above, lists those with whom sexual relations, and thus marriage, are forbidden. Anyone who intentionally has sexual relations with a person with which such relations are forbidden in the Torah is subject to karet,[59] which includes a flogging, if there were the required witnesses and warnings.[60] If a man has sexual relations with his mother, his father's wife or his son's wife, they are subject to execution by stoning.[61] Also, if a man has sexual relations with his wife's sister while his wife is alive, his wife becomes prohibited to him and he must divorce her.[62]
Although the Torah does not say explicitly that it is forbidden to have sexual relations with one's daughter, this prohibition is implied by the prohibition[63] against sexual relations with one's daughter's daughter.[64]
There are 20 female relatives, including one's maternal and paternal grandmothers, with whom sexual intercourse (and, therefore, marriage) is forbidden by rabbinic decree but not forbidden by the Torah. These are considered secondary prohibitions because of their rabbinic origin.[65]
Three classes of women are forbidden to a priest (descendant of Aaron through the male line): a divorced woman, a harlot (zonah)*** and a woman born from the union of a priest and a woman forbidden to him.[66] While it is not forbidden by Jewish law, a man who is not learned in the Torah should not marry the daughter of a priest. If they do marry, the Sages say that they will have no children. One of them will die early or there will be strife between them. It is good for a scholar of the Torah to marry the daughter of a priest.[67]
A Jewish man or woman who has sexual intercourse with a non-Jew as husband and wife is subject to a flogging.[68]
A Jewish man who has sexual intercourse with a non-Jewish woman with licentious intent rather than as her husband is subject to a flogging for disobedience to discourage marriage between them. If this happens only once with a particular non-Jewish woman, he is flogged for disobedience once for having intercourse with a non-Jewish woman. If, however, their relations continue, he is liable for flogging for disobedience multiple times, separately for having intercourse with a non-Jewish woman, with a menstruating woman, with a female servant and with a harlot (zonah). Having sex with non-Jewish women causes Jews to cleave to non-Jewish nations from which God has separated the Jews, to turn away from God and to betray him.[69] A child that results from such a union is not considered to be the child of the Jewish man, though a child resulting from any other type of forbidden sexual intercourse is considered to be the child of the Jewish father.[70]
If a Jewish man has sexual intercourse with a female heathen§, the woman is to be executed. This applies as long as the man did the act intentionally, he is above the age of nine§§ years and she is above the age of three years§§§, whether or not she is married. She is executed because of her role in causing him to transgress,[71] just as an animal is to be killed if a Jew has sexual relations with it.[72]
If a male heathen has sexual intercourse with a married Jewish woman, he is liable to be executed. If she is not married, he is not to be executed.[73] (This is the same for a Jewish man.)
A betrothal of a Jewish woman to an apostate Jewish man is valid, and a get (bill of divorce) is required to end it.[74]
Any person who converts and accepts all the commandments of the Torah is a Jew in all respects.[75] A convert must undergo immersion and, for males, circumcision.[76] Such a convert may marry a Jew. Similarly, a freed slave (who has been immersed in the waters of a mikveh and who has agreed to follow the limited number of commandments that slaves of Jews a required to follow) is also a Jew in all respects, including the ability to marry a Jew.[77] A freed slave becomes a Jew in this manner even without accepting all the commandments of the Torah.[78]
A betrothal between a Jewish man or woman and a non-Jew or a slave is not valid.[79] Although a female slave who has undergone immersion and agreed to follow the limited number of commandments required for such a person is not a Jew, she is also no longer a heathen.[80] Therefore, a Jewish man may marry her without being liable for a flogging. Also, a zealot may not kill a Jewish man for having sexual intercourse with her in public, as would be called for if she were a heathen.[81]
When a slave is purchased from a non-Jew, the slave is given the option of becoming a Jewish slave by following a limited number of the commandments of Jewish religious law and, for a male, becoming circumcised. If the slave agrees then the slave undergoes immersion in a mikveh. If the slave does not agree, then after one year the slave is to be sold to a non-Jew.[82] A slave who has been thus immersed, and for a male, circumcised, is no longer considered to be a heathen and the prohibitions that pertain to heathens no longer apply. The slave is, at the same time, not yet a Jew, so relations forbidden to Jews are not forbidden to the slave. As a result, the slave is permitted to have sexual intercourse and to marry his mother, sister or daughter.[83] Similarly, when a slave is freed, those people who were his relatives in his slavery are no longer considered to be his relatives. Therefore, he is now permitted to have sexual intercourse or marry his mother, his sister, his daughter or any other woman he was related to before he was freed.[84]
Marrying a person with defects (Maimonides, Mishneh Torah). If a man stipulates at the time of betrothal* that the betrothal is conditional upon the woman having no defects and the woman does have one or more of the defects that make her unsuitable, then the betrothal is not valid[85] even if she then gets the defect cured by a physician.[86] If the betrothal takes place without the man making any stipulation concerning defects in the woman, and the woman has one or more defects that make her unsuitable, then the betrothal is of doubtful validity.[87]
If the betrothal is conditional on the man's being free from defects and he has defects that are then cured by a physician, then the betrothal is valid.[88] However, if a man with crushed testicles or whose penis has been severed such that the whole corona is gone marries a woman who was born a Jew and has sexual intercourse with her, he is subject to a flogging. He is, however, permitted to marry a woman who has converted to Judaism or a freed female slave.[89]
The defects in a woman that make her unsuitable include: offensive body odor or breath; a rough voice, breasts that exceed the size of other women's breasts by a handbreadth, breasts with a handbreadth of space between them, a scar from a dog bite, and a mole on the forehead.[90] A woman is also unsuitable for marriage if she has any of the defects that make a priest unsuitable to perform a service[91] including: being a dwarf or unusually tall; having a large or small body out of proportion to the limbs;[92] having black skin; being an albino;[93] being a deaf-mute or an epileptic;[94] a broken hand or foot;[95] lameness; chronically swollen feet;[96] bow-leggedness;[97] left-handedness (unless ambidextrous);[98] skin with scabs or eruptions;[99] an ear with a nick, crack, hole or dryness;[100] two unusually small ears or ears that hang down;[101] an eyelid with a slit or piercing;[102] one or both eyebrows missing or eyebrows that differ from each other (e.g., in length of the hair or the color)[103] missing or very thick eyelashes; eyelashes that differ from each other;[104] an eye missing or containing a growth or a white fleck in the pupil or a black fleck in the white of the eye;[105] eyes that are either higher or lower than is normal; eyes that are small or very big; squinting when looking at something closely or as a result of seeing light; eyes that differ from each other in position, color or size;[106] a pierced or slit nose;[107] a nose that is out of proportion by being either too large or too small; a nose that turns to one side or whose tip turns downward;[108] a pierced, nicked or cracked lip; a swollen mouth;[109] a swollen belly; a navel that protrudes out rather than being sunken in;[110] dry flaky skin anywhere on the body;[111] and trembling due to illness or advanced age.[112] Also, a man should not marry a woman from a family of lepers or epileptics if there are three examples in that family of the malady being inherited.[113]
If a man has made no stipulation concerning defects in his bride and the wife is then found to have a hidden defect that the husband was unaware of when they married, then she leaves the marriage without receiving either the amount of her basic ketubah (100 or 200 denar) or any additional amount that the man added to this. If, however, there is a public bathhouse and the man has local relatives, he may not claim that he did not know about her defects because his female relatives would have seen her naked there and reported her defects to him.[114] If the wife's defects are plainly visible, the husband may not claim that he did not know about them if it is customary for Jewish women where they live to walk in the marketplace with their faces uncovered, as they do now (meaning, in the time of Maimonides) in Europe. If, however, the custom is that the women do not go out in the street or the marketplace at all, or if the woman would be covered or hidden in the bathhouse, then the husband may make a valid claim that he was unaware of a defect and the wife loses the full amount of her ketubah.[115] If the man does not make a claim concerning a blemish on his wife's body until several days after they have had sexual intercourse, then his claim is to be ignored because he would have examined her thoroughly before having sex with her. This applies even if the blemish is in the folds of her skin or on the sole of her foot.[116]
Levirate marriage (yibbum) (Maimonides, Mishneh Torah). When a man without descendants dies, any woman who is married or betrothed to him is required by the Torah to marry his brother by the same father. Their firstborn child shall bear the name of the dead brother so that his name shall not be wiped out.[117] This is called levirate marriage (yibbum in Hebrew).[118] The woman and her deceased husband's brother are to go before judges who will advise them whether to have a levirate marriage or to be released from this requirement through the ceremony of halitzah. Halitzah might be better, for example, if one is young and the other is old.[119]
Either levirate marriage or halitzah is required unless the man who died has a living son or daughter or a living descendant of a son or daughter as long as the mother of these children was not a slave or a non-Jew. This is because the child of a slave is a slave and the child of a non-Jewish woman is a non-Jew and they are not considered connected to their Jewish father.[120] There is no levirate marriage (or halitzah) if the dead man and his brother have the same mother but not the same father.[121]
A widow who has a brother-in-law with whom neither levirate marriage or halitzah has yet occurred may not marry another man. If she does and has sexual intercourse with him, then they are both to be punished by flogging. The marriage must be dissolved by divorce, even if they had children. She is forbidden to ever remarry this man or to marry her brother-in-law. Once halitzah has been performed with the brother-in-law, then she may marry another man.[122]
If a man wants to marry or perform halitzah with his brother's widow, she cannot refuse him. He can tell her that as long as she is obliged to marry him, no other woman will marry him. If he is already married, then he can take her as an additional wife.[123]
If the man who died had many wives, his brother may marry only one of them. When the brother has sexual intercourse with this one wife, or else releases one of the wives from the requirement for levirate marriage through halitzah, then the other wives are released from their requirement of levirate marriage.[124] The brother may choose from among the widows which one he wants to marry. If she refuses, she is considered to be rebellious and they perform halitzah, after which she forfeits the amount of her ketubah. However, the other widows retain their ketubah funds.[125] Once a man performs levirate marriage or halitzah with a woman, the man and his brothers are forbidden from ever marrying any of her co-wives (other wives of her deceased husband).[126]
If the man who died has many brothers, levirate marriage or halitzah of one brother with one widow releases all the others from the obligation.[127] The obligation of levirate marriage or halitzah falls on the oldest brother of the deceased husband.[128] If the oldest brother does not desire the levirate marriage, a younger brother may take his place. But if none of the brothers want it, then the oldest one is compelled to perform halitzah with the widow.[129] If the oldest brother wants to marry the widow but she wants to marry a different brother instead, she is compelled to marry the oldest one.[130]
As discussed under the laws concerning divorce, a man can be forced to divorce his wife and give her the amount of her ketubah if he has boils[131] bad breath of the mouth or nose or if he becomes a collector of dog feces or a tanner or a copper miner[132]. If a married man with one of these conditions dies and his brother has the same condition, the widow can tell the brother that she accepted this blemish in her husband but is not willing to accept it in him. If she says this, then the brother is required to do halitzah, freeing her of her obligation to marry him, and she receives the amount of her ketubah.[133]
Halitzah procedures (Maimonides, Mishneh Torah): Release from levirate marriage (halitzah) must be done before three Jews (none of whom is a convert or the child of a convert) who can read and assist the man and woman to recite properly. It is best to have five witnesses even if the additional two are not literate.[134]
The shoe that is used in the halitzah ritual must be leather and have a heel. It may not have any linen threads. The brother-in-law the puts the shoe on his right foot and straps it. The widow then states in Hebrew that her brother-in-law refuses levirate marriage. The brother-in-law then states in Hebrew that he does not want to take the widow.[135] He then rests his foot with the shoe firmly on the ground. She sits before him and with her arm outstretched so the judges can see it, she loosens the shoe straps, removes the shoe and throws it to the ground. As soon as most of the heel of the shoe is removed from his foot, she is free to marry another man.[136] Then, standing opposite her brother-in-law, she spits a large amount of spittle on the ground in front of his face – a sufficient quantity for the judges to clearly see.[137] She then recites the following words from the Torah:[138] "This is what happens to a man who does not build up his brother's house. And his name shall be called in Israel: the house of him who had his shoe removed."[139]
Finding a Spouse
Jewish Law (Halakha) from the Shulchan Aruch
Contents:
Desirable and undesirable marriage partners
Forbidden and permitted marriage partners
General considerations (Shulchan Aruch). Every man is obligated to marry in order to fulfill the Biblical commandment to be fruitful and multiply.[140] Having one son and one daughter fulfills a man's obligation to be fruitful and multiply.[141] The requirement to be fruitful and multiply applies only to men, not to women.[142]
To remain pure and avoid sexual transgression, a man should have a wife, should avoid being alone, and should distance himself from entertainment and from intoxication. He should focus his thoughts on the Torah to keep forbidden sexual thoughts away.[143]
The minimum age that a man should marry is 13. But he must be married by age 18[144] unless his time is consumed in the study of Torah so that he is not overcome by his sexual urges.[145]
A man should study Torah before getting married because married life will interfere with his studies. However, if sexual desire and thoughts interfere with his studies, he should marry and then study Torah.[146]
In a place where the custom is for a man to have only one wife, this practice is to be followed unless his wife gives permission for him to marry an additional woman. In other places, a man may marry any number of women, even 100 at the same time, even if his wife objects, as long as he can provide for their maintenance with food and clothing and also fulfill his sexual obligations to them. The Sages wisely recommend that a man limit the number of his wives to four to ensure that he can fulfill his obligation to have sexual intercourse with each of them at least once a month.[147]
Gershom ben Judah (in about 1000 A.D.) decreed that until the year 5000 on the Hebrew calendar (1240 A.D.) a man who had more than one wife at the same time would be excommunicated (ostracized from the community of Jews). Isserles‡ says: Even though the stated expiration date of Gershom ben Judah's decree has passed, it remains the custom to be married to only one woman at a time.[148]
Desirable and undesirable marriage partners (Shulchan Aruch). The most desirable woman to marry is the daughter of a scholar. A man who cannot find a scholar's daughter to marry should marry the daughter of a great rabbi. Failing that, the next most desirable woman is the daughter of a head of a congregation. If none of these are available, the man should marry a woman who collects the charity (tzedakah) of the community. Otherwise, marry a school teacher.[149] Similarly, a man should try to marry his daughter off to a scholar. She should never marry an uneducated man (am haaretz). [150]
A man should not marry a woman who is pregnant from another man or who is nursing a child from another man until the child is 24 months old.[151] If he does so, he must divorce the woman and pay the amount of her ketubah. He may remarry her after the 24 months of nursing have been completed.[152]
A man should not marry a woman who was divorced by her husband because of her immodesty and promiscuity.[153]
It is permitted for a man to announce that he is marrying a woman with the intention of divorcing her a few days later. Otherwise, a man should not marry with the intention of divorcing the woman.[154]
A man should only divorce a woman if she is inappropriate. Isserles‡ says: If a man's family objects to his intention to marry an inappropriate woman for money, he may ignore them if he agrees to keep his children away from them; the children of such a marriage will not be respectable.[155]
A young man should not marry an old woman and an old man should not marry a young woman because this will result in extramarital sexual relations.[156]
Isserles says: It is a blessing (mitzvah) for a man to marry his sister's daughter.[157]
A man should not marry a woman from a family with members who had leprosy or were covered with bruises (nekafim).[158]
A man should not marry two women who live in different lands because their children might marry each other. However, if the man is famous, it is permitted because the children will know who his other children are.[159]
Isserles says: It is forbidden to finalize marriage with two sisters at the same time.[160]
A woman will wear a choker to make herself look plumper.[161] (Editor's note: This implies that being fat was considered more attractive for women at that time.)
An uneducated man should not marry a woman from a priestly family (kohen). Such a priestly woman should marry a scholar.[162]
Isserles says: An uneducated man (am haaretz) is not a good selection as a husband because he will not follow the laws of Judaism diligently.[163]
A woman with defects (Shulchan Aruch): If a man stipulates at the time of betrothal* that the betrothal is conditional upon the woman having no defects and the woman does have one or more of the defects that make a woman unsuitable, then the betrothal is not valid.[164] If the betrothal takes place without the man making any stipulation concerning defects in the woman, and the woman has one or more defects that make a woman unsuitable, then the betrothal is of doubtful validity.[165]
The defects in a woman that make a woman unsuitable include: offensive body odor or breath, a rough voice, breasts that exceed the size of other women's breasts by a handbreadth, breasts with a handbreadth of space between them, a scar from a dog bite, and a mole on the forehead.[166] A woman is also unsuitable for marriage if she has any of the defects that make a priest unsuitable to perform a service.[167] (These are enumerated in Maimonides’ Mishneh Torah, as listed above.)
Forbidden and permitted marriage partners (Shulchan Aruch). The Torah prohibits marriage to certain relatives, including a man's mother;[168] his father's former wife now widowed or divorced (though Isserles‡ says: if the woman is his slave, he may marry her even if she had been married to his father);[169] his sister or half-sister through either parent;[170] his daughter and granddaughter;[171] his wife's daughter and granddaughter;[172] his wife's mother and his wife's father's mother;[173] his wife's sister or half-sister, as long as his wife is alive;[174] his father's sister and his mother's sister;[175] his father's brother's wife;[176] his son's wife;[177] and the wife of his brother or half-brother through either parent.[178]
Marriage is prohibited by the rabbis, but not by the Torah, to certain other relatives, including a man's grandmother, great-grandmother, etc.;[179] the daughter of his grandson;[180] his wife's great-granddaughter;[181] his mother's brother's wife;[182] and his son's son's wife.[183]
Marriage of one's first cousin is permitted,[184] as is marriage of one's niece (whether the daughter of one's brother or one's sister).[185] A man is also permitted to marry his brother's son's wife or his sister's son's wife.[186] A man is permitted to marry the wife of his own wife's son (who is his stepson, not his own son).[187] Also, a woman is permitted to marry her husband's stepson by one of her husband's other wives.[188]
A man's concubine is permitted for marriage by any of his relatives as long as she was never formally betrothed* to him.[189]
A man with damaged testicles or a severed penis is forbidden to marry a Jewish woman other than a convert or a freed slave.[190]
A pregnant woman or a woman who is nursing a child less than two years old should not become betrothed to a man who is not the father of the child.[191] A man who marries such a pregnant or breastfeeding woman is to be excommunicated (ostracized from the community of Jews).[192]
A mamzer is the product of forbidden sexual intercourse except intercourse with a menstruating woman.[193] If a mamzer marries someone who is not a mamzer, their descendants are mamzer forever.[194] In general, a mamzer should marry another mamzer.[195]
It is forbidden for a Jew to marry a mamzer or a slave or any of their descendants forever.[196] If two people testify that the family of a woman intermingled with a mamzer or a slave, the female ancestors of the woman back through four generations must be investigated before she can be taken as a wife.[197] No such investigation is needed for a man because it is acceptable for a woman to marry a man whose ancestry is blemished.[198]
It should be presumed that a woman's family is of good lineage and so she is acceptable for marriage. However, if the family or family member is always quarreling with others, their lineage is to be suspected and they are to be avoided. If someone is always casting aspersions on the lineage of others, saying that they are mamzerim or slaves, we are to assume that the person doing this is himself a mamzer or a slave, and thus the lineage of his family is suspect. Similarly, the lineage of a person who is cruel and hateful, not showing kindness to others, is suspect and a woman from that family is inappropriate for marriage.[199]
Isserles‡ says: A man may marry the women he chooses to marry even if his father objects to her.[200]
While it is forbidden to marry a slave,[201] a slave who has been immersed becomes suitable for marriage as soon as he or she is freed from slavery.[202] However, if a man was accused of having sexual intercourse with a female slave,[203] or woman had relations with a male slave,[204] he, or she, may not marry that slave if the slave is freed.
Betrothal* of a Jewish man to a non-Jew or a slave, or of a non-Jew or slave to a Jewish woman, is not valid since they are not eligible for betrothal.[205] Betrothal of an apostate from Judaism to a Jewish woman is valid, even if the woman is also an apostate. A child resulting from the subsequent marriage may validly become betrothed to a Jew.[206] If a Jewish man has children with a non-Jewish woman, the children are non-Jews. Isserles‡ says: If a Jewish woman, including one who is an apostate, has children with a non-Jewish man, the children are Jews and can validly betroth other Jews.[207]
Any non-Jew who converts to Judaism is immediately acceptable for marriage to a Jewish man or woman[208] except for those of four nations: Egyptians, Edomites, Ammonites and Moabites. Egyptians and Edomites who convert are acceptable for marriage after three generations following conversion.[209] Ammonite and Moabite men who convert, and their descendants for all time, are forbidden for marriage to a Jewish woman. Ammonite and Moabite women who convert are immediately acceptable for marriage.[210] However, in our time all the nations of the world are mixed up so we presume that an Edomite or Ammonite or Moabite is from some other nation, so they are acceptable for marriage immediately upon conversion to Judaism. Rabbis have conflicting views on whether this also applies to Egyptians or if their three-generation prohibition remains in effect following conversion.[211]
If a man was accused of having sexual intercourse with a convert to Judaism before she converted, he may not marry her even though she has now converted.[212] If a woman was married before she converted to Judaism, she must wait 90 days before marrying. (Her previous marriage is automatically invalidated because a Jew cannot be married to a non-Jew). If the woman and her husband convert to Judaism at the same time, they must keep away from each other for 90 days after the conversion so that it is known whether any child they have was conceived by Jews or non-Jews.[213]
Levirate marriage (Shulchan Aruch). When a man without descendants dies, any woman who is married or betrothed to him is required by the Torah[214] to undergo levirate marriage with his brother by the same father.[215]
Either levirate marriage or halitzah (a ritual releasing the two from the obligation of levirate marriage) is required unless the man who died has a living son or daughter or a living descendant of a son or daughter, as long as the mother of these children was not a slave or a non-Jew.[216] There is no levirate marriage (or halitzah) if the dead man and his brother have the same mother but not the same father or if the brother's mother was a slave or a non-Jew.[217] If the man who died has many brothers, the requirement for levirate marriage falls on the oldest brother.[218]
If the man who died had many wives at the time of his death, his brother may marry only one of them. When the brother has sexual intercourse with this one wife, or else releases one of the wives from the requirement for levirate marriage, then the other wives are released from their requirement of levirate marriage.[219]
If a man dies leaving one widow who is a minor (less than twelve years old) and another who is a mature woman, consummation of levirate marriage with the mature widow frees the minor widow from the requirement for levirate marriage (or halitzah). However, if the minor widow enters into levirate marriage which is consummated, the adult widow still has the obligation of levirate marriage (or halitzah).[220]
Levirate marriage is only to take place with the consent of the woman or, if she is less than 12 years old and was widowed from a betrothal, with the consent of her father.[221]
The woman and her deceased husband's brother are to go to court and the court will advise them whether to consummate a levirate marriage or be released from this requirement through the ceremony of halitzah.[222]
A widow who has a brother-in-law with whom either levirate marriage or halitzah has not yet occurred may not marry another man. If she does, the marriage must be dissolved by divorce, even if they had children. She is forbidden to ever remarry this man or to marry her brother-in-law. Once halitzah has been performed with the brother-in-law, then she may marry another man.[223]
When a man marries through levirate marriage, he takes possession of the property of his deceased brother (who was the husband of his new wife).[224] The ketubah remains the responsibility of her deceased husband's estate rather than the new husband.[225]
Halitzah (Shulchan Aruch): The ritual of release from levirate marriage (halitzah) is to be performed only after 90 days have passed since the death of the woman's husband.[226] The woman must be at least twelve years old and her brother-in-law who is participating in the halitzah ritual must be at least thirteen. They must both be mature as shown either by having at least two pubic hairs or by the woman having large breasts or the man having a full beard.[227]
If a man dies leaving more than one widow, once one of the widows has done halitzah, the other widows are then released from the obligation of levirate marriage (or halitzah).[228] If a man dies leaving one widow who is a minor (less than twelve years old) and another who is a mature woman, halitzah with the mature widow frees the minor widow from the requirement for levirate marriage (or halitzah).[229]
As discussed under the laws concerning divorce a man can be forced to divorce his wife and give her her ketubah if he has bad breath of the mouth or nose or if he becomes a collector of dog feces or a tanner or a copper miner. If a married man with one of these conditions dies and his brother has the same condition, the widow can tell the brother that she accepted this blemish in her husband but is not willing to accept it in him. If she says this, then the brother is required to do halitzah, freeing her of her obligation to marry him, and she receives the amount of her ketubah.[230]
A woman who has been required to perform halitzah receives the amount of her ketubah.[231] For example, if a man does not want to enter into a levirate marriage with a woman because she has developed physical defects, she is to perform halitzah and she will receive the amount of her ketubah.[232]
After having been released from the requirement for levirate marriage through the ritual of halitzah, the widow is now permitted to marry any man.[233] Once a man performs halitzah on a woman, the man and his brothers are forbidden from ever marrying her or any of her co-wives (other wives of her deceased husband).[234] Also, once a man performs halitzah on a woman, he is forbidden from marrying any of her relatives, as she is forbidden from marrying any of his relatives.[235]
Release from levirate marriage (halitzah) must be done before three Jewish judges.[236] Five judges is preferable, but three is sufficient.[237] The woman and her brother-in-law who are performing the halitzah ritual should be standing.[238]
To begin the halitzah ritual, the court asks the brother-in-law participant if he wants to have a levirate marriage with the widow or release her through halitzah. He responds that he does not want levirate marriage.[239]
The judge instructs the brother-in-law to wash his right foot.[240] The shoe that is to be used in the halitzah ritual is then given, as a gift, by its owner to the brother-in-law.[241] The shoe that is used in the halitzah ritual must be all leather. This means that all of its seams must be sewn with leather, though the straps of the shoe may be made of another material.[242] The brother-in-law the puts the shoe on his bare right foot[243] and walks four cubits with the shoe on.[244] He then stands next to a wall or pillar to support himself when the shoe is removed.[245]
The widow then states in Hebrew that her brother-in-law refuses levirate marriage.[246] The brother-in-law then states that he does not want to take the widow.[247]
Then, using only her right hand, the widow loosens the knots on the shoe her brother-in-law has put on. She opens its clasps. She then lifts his foot with her left hand and pulls the shoe off his foot using only her right hand. Then she throws the shoe to the ground.[248] Then, standing opposite her brother-in-law, she spits a large amount of spittle on the ground in front of his face.[249]
She then recites the following words from the Torah[250]: "This is what happens to a man who does not build up his brother's house. And his name shall be called in Israel: the house of him who had his shoe removed."[251] All those present then say three times, "The shoe is removed."[252] The brother-in-law whose shoe has been removed then gives the shoe to the judges.[253]
*Betrothal: The marriage laws discussed here reflect the custom of earlier times in which two separate steps were required to achieve a full marriage. The first step, kiddushin or erusin, is the consecration of the woman to the man and is referred to in our texts as "betrothal." The reversal of this process required a get (a bill of divorce). A man was not responsible for supporting a woman who was betrothed to him.[254] Also, after betrothal the couple was not permitted to have sexual relations until the finalization of the marriage (nisu'in) even if the betrothal had been carried out through sexual intercourse.[255]
The marriage was finalized by nisu'in – the woman moving into the man's house to live there. In the earlier times being described in the codes of Jewish law, this second step might have occurred one year after the betrothal.[256]
In the present era, both steps, betrothal (kiddushin) and finalization of the marriage (nisu'in), occur in a single ceremony when the couple marries under the chuppah – the wedding canopy that symbolizes the couple's home.
**A mature woman (bogeret) is one who is at least 12-1/2 years of age and has had at least two pubic hairs for at least six months.[257]
***Harlot (zonah): The word zonah, meaning "harlot" or "licentious woman," is used in the texts of Jewish religious law to designate any female who is not Jewish by birth, no matter what her age, even if she has converted to Judaism.
The term zonah also includes any Jewish woman who has had sexual intercourse with a man who she is forbidden to marry by Jewish religious law.[258] Such forbidden men include relatives forbidden by the Torah, all heathen men and slaves.[259] A Jewish woman becomes a zonah as a result of sexual intercourse with a man she is not permitted to marry whether the intercourse was consensual or by accident or rape and whether it was vaginal or anal as long as the woman was more than three§§§ years of age when it happened and the man was over nine§§ years of age.[260] However, an unmarried Jewish woman, even a prostitute, who has sexual intercourse indiscriminately with men is not classified by Jewish religious law as a zonah as long as none of the men she has sex with are forbidden to her the law.[261] Similarly, becoming pregnant while unmarried[262], or even having sexual intercourse with animals[263], does not make a woman a zonah.
§The word "heathen" refers to an idol-worshiper (polytheist) – a person who worships false gods.[264] An apostate is considered to be a heathen[265] as is a Jew who publicly desecrates the Sabbath.[266] While Muslims are recognized as monotheists,[267] according to Maimonides Christians are not,[268] (though there are other rabbis who hold that the Christian Trinity is compatible with monotheism).
§§ Sexual intercourse with a male less than nine years old does not count as sexual intercourse according to the codes of Jewish law.[269]
§§§Sexual intercourse with a female less than three years and one day old is not considered as sexual intercourse[270] because, according to the codes of Jewish law, healing will restore the hymen, and thus the virginity of such a young female, following intercourse.[271]
‡The Shulchan Aruch, written by Joseph Caro in the 16th century, represents his Sephardic background. Printed copies of the Shulchan Aruch always include the comments of Moses Isserles, which are written from an Ashkenazi perspective.
________________
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Home – Laws of Religion, Judaism and Islam
Table of Contents – Laws of Judaism Concerning Women and Men
Abbreviations used in footnotes:
Gen: The Biblical book of Genesis.
Exod: The Biblical book of Exodus.
Lev: The Biblical book of Leviticus.
Num: The Biblical Book of Numbers.
Deut: The Biblical Book of Deuteronomy.
MT: The Mishneh Torah of Maimonides (Code of Maimonides). The names of the specific books and treatises within each book are given according to the Yale University Press translation and also the Moznaim/Touger Hebrew transliterations to facilitate locating the texts posted here.
F: indicates page numbers in the Feldheim Publishers, Ltd., translation of Book 1 of the Mishneh Torah of Maimonides, the Book of Knowledge.
M: indicates page numbers in the relevant volume of the Moznaim Publishing Corporation’s Touger translation. (Some of the books of Mishneh Torah are published in several volumes by Moznaim, so the Moznaim volume numbers do not correspond to the Book numbers of Maimonides’ work.)
Y: indicates page numbers in the translation of the Yale University Press Judaica Series.
SA: The Shulchan Aruch of Joseph Caro, with the comments of Moses Isserles noted, as appropriate. Our summaries are based on the Sefaria English translation, which is not yet complete. The four sections of the Shulchan Aruch are on Sefaria at the following links: Orach Chayim, Yoreh De'ah, Even HaEzer and Choshen Mishpat.
● The sources cited are described on the page Source Texts Used for Laws of Judaism.
[1] Gen 2:21-22
[2] Gen 1:24
[3] Gen 28:1-2
[4] Gen 29:23-25
[5] Gen 29:27-30
[6] Ex 22:16-17
[7] Lev 21:13
[8] Lev 21:7, 21:14
[9] Num 27:1-11
[10] Num 36:1-12
[11] Deut 20:10-14
[12] Deut 21:10-14
[13] Num 31:1-18
[14] Num 31:32-35
[15] Deut 7:1-4
[16] Lev 18:7
[17] Lev 18:8; Deut 22:30; Deut 27:20
[18] Lev 18:9; Deut 27:22
[19] Lev 18:10
[20] Lev 18:12-13
[21] Lev 18:15-16
[22] Lev 18:17-21
[23] Lev 18:22
[24] Deut 24:5
[25] Deut 20:1-8
[26] Deut 24:1-4
[27] Deut 25:5-10
[28] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 2, sec 7 (pages 184-186M 93Y)
[29] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 22, sec 21 (pages 278M 145-146Y)
[30] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 15, sec 16 (pages 194M 97Y)
[31] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 15, sec 2 (pages 184-186M 93Y)
[32] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 15, sec 3 (pages 186M 93-94Y)
[33] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 21, sec 25 (pages 266M 138-139Y)
[34] MT Book 1, The Book of Knowledge, Sefer Madda; Treatise 2 Ethics, De'ot Chapter 5, sec 11 (pages 54aF 108-110M)
[35] MT Book 1, The Book of Knowledge, Sefer Madda; Treatise 3 Talmud Torah Study of the Torah, Chapter 1, sec 5 (pages 57bF 162-164M)
[36] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 15, sec 2 (pages 184-186M 93Y)
[37] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 15, sec 7 (pages 188M 94-95Y); MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 21, sec 26 (pages 266M 139Y)
[38] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 15, sec 16 (pages 194M 97Y)
[39] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 15, sec 4 (pages 186M 94Y)
[40] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 15, sec 2 (pages 184-186M 93Y)
[41] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 2, sec 10 (pages 22M 10Y)
[42] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 4, sec 7 (pages 46M 24-25Y)
[43] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 11, sec 7 (pages 136M 70Y)
[44] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 3, sec 11 (pages 34M 17-18Y)
[45] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 4, sec 16 (pages 130M 66Y)
[46] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 3, sec 11 (pages 34M 17-18Y)
[47] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi’ah; Chapter 1, sec 13 (pages 20M 13Y)
[48] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 3, sec 19 (pages 38-40M 20-21Y)
[49] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 7, sec 16 (pages 90M 46Y)
[50] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 3, sec 19 (pages 38-40M 20-21Y); Treatise 2 on Divorce, Gerushin; Chapter 11, sec 1 (pages 190M 238-239Y)
[51] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 21, sec 26 (pages 266M 139Y)
[52] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 3, sec 19 (pages 38-40M 20-21Y); MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 21, sec 3 (pages 256M 133-134Y)
[53] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 10, sec 22 (pages 188M 238Y)
[54] MT Book 1, The Book of Knowledge, Sefer Madda; Treatise 2 De'ot Ethics, Chapter 6, sec 2 (pages 54b-55aF 118-120M)
[55] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 21, sec 32 (pages 268M 140Y)
[56] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 10, sec 21 (pages 186-188M 237-238Y); MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 21, sec 28 (pages 268M 139Y)
[57] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 11, sec 25 (pages 206M 246Y)
[58] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 11, secs 25-26-27 (pages 206M 246Y)
[59] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 1, sec 5 (pages 14M 6Y); MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 1, sec 1 (pages 14M 10Y)
[60] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 1, sec 7 (pages 16M 11Y)
[61] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 1, sec 4 (pages 14M 10Y)
[62] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 2, sec 10 (pages 32M 19Y)
[63] Lev. 18:10
[64] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 2, sec 6 (pages 30-32M 18Y)
[65] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 1, sec 6 (pages 14-16M 6-7Y)
[66] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 17, sec 1 (pages 204M 108Y); Chapter 19, sec 1 (pages 232M 121Y)
[67] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 21, sec 31 (pages 268M 140Y)
[68] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 12, secs 1-2 (pages 148-150M 80-81Y)
[69] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 12, sec 8 (pages 152M 82Y)
[70] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 12, sec 7 (pages 152M 82Y)
[71] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 12, sec 10 (pages 152-154M 82-83Y)
[72] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 1, secs 16-17 (pages 22-24M 14Y); Chapter 12, sec 10 (pages 152-154M 82-83Y)
[73] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 12, sec 9 (pages 152M 82Y)
[74] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 4, sec 15 (pages 50-52M 26-27Y); Chapter 4, sec 8 (pages 48M 25Y)
[75] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 12, sec 17 (pages 156M 84Y)
[76] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 13, secs 1-5 (pages 160-162M 86-87Y)
[77] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 12, sec 17 (pages 156M 84Y)
[78] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 13, sec 12 (pages 166M 89Y)
[79] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 4, sec 15 (pages 50-52M 26-27Y); Chapter 4, sec 8 (pages 48M 25Y)
[80] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 14, sec 17 (pages 180M 96Y)
[81] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 12, sec 14 (pages 154-156M 84Y)
[82] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 14, sec 9 (pages 176M 94Y)
[83] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 14, sec 17 (pages 180M 96Y)
[84] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 14, sec 11 (pages 176-178M 94Y)
[85] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 7, sec 7 (pages 84M 43-44Y)
[86] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 7, sec 9 (pages 84M 44Y)
[87] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 7, sec 8 (pages 84M 44Y)
[88] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 7, sec 9 (pages 84M 44Y)
[89] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 16, sec 1 (pages 200M 105Y); Chapter 16 sec 4 (pages 200M 106Y)
[90] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 7, sec 7 (pages 84M 43-44Y)
[91] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 7, sec 7 (pages 84M 43-44Y)
[92] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 8, sec 14 (pages 278-280M 118Y)
[93] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 8, sec 15 (pages 280M 118Y)
[94] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 8, sec 16 (pages 280M 118-119Y)
[95] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 6, sec 4 (pages 262M 108Y)
[96] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 7, sec 9 (pages 270M 112Y)
[97] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 8, sec 13 (pages 278M 117-118Y)
[98] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 8, sec 11 (pages 276-278M 116-117Y)
[99] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 6, sec 4 (pages 262M 108Y)
[100] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 7, secs 2-3 (pages 266-268M 110-111Y)
[101] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 8, sec 3 (pages 274M 114Y)
[102] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 7, sec 4 (pages 268M 111Y)
[103] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 8, sec 4 (pages 274M 114-115Y)
[104] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 8, sec 5 (pages 274M 115Y)
[105] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 7, sec 5 (pages 268M 111Y)
[106] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 8, sec 6 (pages 274-276M 115Y)
[107] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 7, sec 6 (pages 268M 112Y)
[108] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 8, sec 7 (pages 276M 116Y)
[109] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 7, sec 7 (pages 270M 112Y)
[110] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 8, sec 9 (pages 276M 116Y)
[111] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 7, sec 10 (pages 270M 113Y)
[112] MT Book 8, The Book of Temple Service, Sefer Ha’Avodah; Treatise III on Entrance into the Sanctuary; Bi’at HaMikdash; Chapter 7, sec 12 (pages 272M 113Y)
[113] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 21, sec 30 (pages 268M 140Y)
[114] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 25, sec 2 (pages 324-326M 158-159Y)
[115] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 25, sec 2 (pages 324-326M 158-159Y)
[116] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 25, sec 6 (pages 328M 161Y)
[117] Deut 25:5-10
[118] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 1, sec 1 (pages 12M 265Y); sec 3 (pages 12M 265Y)
[119] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 4, sec 1 (pages 56M 283Y
[120] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 1, sec 3 (pages 14M 265Y); sec 4 (pages 14M 265-266Y)
[121] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 1, sec 7 (pages 16M 267Y)
[122] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 2, sec 18 (pages 40M 276Y)
[123] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 2, sec 16 (pages 38M 275-276Y)
[124] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 1, sec 9 (pages 18M 267Y)
[125] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 2, sec 10 (pages 34M 273-274Y)
[126] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 1, sec 12 (pages 18M 268Y)
[127] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 1, sec 9 (pages 18M 267Y)
[128] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 2, sec 6 (pages 32M 272Y)
[129] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 2, sec 7 (pages 32M 273Y)
[130] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 2, sec 11 (pages 32M 274Y)
[131] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 25, sec 12 (pages 330M 162Y)
[132] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 25, sec 11 (pages 330M 162Y)
[133] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 2, sec 14 (pages 36M 275Y)
[134] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 4, sec 5 (pages 56-58M 284Y)
[135] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 4, sec 6 (pages 58M 284Y)
[136] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 4, sec 6 (pages 58M 284Y)
[137] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 4, sec 7 (pages 58-60M 284-285Y)
[138] Deut 25:9-10
[139] MT Book 4, The Book of Women, Sefer Nashim; Treatise 3 on Levirate Marriage and Halitzah, Yibbum v'Chalitzah; Chapter 4, sec 7 (pages 58-60M 284-285Y)
[140] SA, Even HaEzer 1:1
[141] SA, Even HaEzer 1:5
[142] SA, Even HaEzer 1:13
[143] SA, Even HaEzer 25:1
[144] SA, Even HaEzer 1:3
[145] SA, Even HaEzer 1:4
[146] SA, Yoreh De'ah 246:2
[147] SA, Even HaEzer 1:9, 76:7, 76:8
[148] SA, Even HaEzer 1:10
[149] SA, Even HaEzer 2:6
[150] SA, Even HaEzer 2:6
[151] SA, Even HaEzer 13:11
[152] SA, Even HaEzer 13:12
[153] SA, Even HaEzer 119:5
[154] SA, Even HaEzer 2:10, 119:1
[155] SA, Even HaEzer 2:1
[156] SA, Even HaEzer 2:9
[157] SA, Even HaEzer 2:6
[158] SA, Even HaEzer 2:7
[159] SA, Even HaEzer 2:11
[160] SA, Even HaEzer 62:2
[161] SA, Orach Chayim 303:2
[162] SA, Even HaEzer 2:8
[163] SA, Even HaEzer 2:6
[164] SA, Even HaEzer 39:3
[165] SA, Even HaEzer 39:5
[166] SA, Even HaEzer 39:4
[167] SA, Even HaEzer 39:4
[168] SA, Even HaEzer 15:2
[169] SA, Even HaEzer 15:5
[170] SA, Even HaEzer 15:10
[171] SA, Even HaEzer 15:12
[172] SA, Even HaEzer 15:13
[173] SA, Even HaEzer 15:15
[174] SA, Even HaEzer 15:26
[175] SA, Even HaEzer 15:16
[176] SA, Even HaEzer 15:18
[177] SA, Even HaEzer 15:19
[178] SA, Even HaEzer 15:22
[179] SA, Even HaEzer 15:2
[180] SA, Even HaEzer 15:12
[181] SA, Even HaEzer 15:14
[182] SA, Even HaEzer 15:18
[183] SA, Even HaEzer 15:19
[184] SA, Even HaEzer 15:17
[185] SA, Even HaEzer 15:25
[186] SA, Even HaEzer 15:25
[187] SA, Even HaEzer 15:21
[188] SA, Even HaEzer 15:21
[189] SA, Even HaEzer 15:30
[190] SA, Even HaEzer 5:1-5:2
[191] SA, Even HaEzer 13:11
[192] SA, Even HaEzer 13:12
[193] SA, Even HaEzer 4:13
[194] SA, Even HaEzer 4:18
[195] SA, Even HaEzer 4:24
[196] SA, Even HaEzer 4:1
[197] SA, Even HaEzer 2:3
[198] SA, Even HaEzer 2:3, 2:5
[199] SA, Even HaEzer 2:2
[200] SA, Yoreh De'ah 240:35
[201] SA, Even HaEzer 4:11
[202] SA, Even HaEzer 4:12
[203] SA, Even HaEzer 11:5
[204] SA, Even HaEzer 11:6
[205] SA, Even HaEzer 44:8
[206] SA, Even HaEzer 44:9
[207] SA, Even HaEzer 44:9
[208] SA, Even HaEzer 4:9
[209] SA, Even HaEzer 4:3
[210] SA, Even HaEzer 4:2
[211] SA, Even HaEzer 4:10
[212] SA, Even HaEzer 11:5
[213] SA, Even HaEzer 13:5
[214] Deut 25:5-10
[215] SA, Even HaEzer 156:1
[216] SA, Even HaEzer 156:2
[217] SA, Even HaEzer 157:1
[218] SA, Even HaEzer 161:4
[219] SA, Even HaEzer 161:1, 170:19
[220] SA, Even HaEzer 171:3
[221] SA, Even HaEzer 166:3
[222] SA, Even HaEzer 166:1
[223] SA, Even HaEzer 159:2
[224] SA, Even HaEzer 163:1
[225] SA, Even HaEzer 168:3
[226] SA, Even HaEzer 169:9, Seder Halitzah #25
[227] SA, Even HaEzer 169:10, 169:49, 169:73, Seder Halitzah #16
[228] SA, Even HaEzer 161:1, 170:19
[229] SA, Even HaEzer 171:3
[230] SA, Even HaEzer 154:2, 165:4
[231] SA, Even HaEzer 165:4
[232] SA, Even HaEzer 165:5
[233] SA, Even HaEzer 169:104
[234] SA, Even HaEzer 162:2
[235] SA, Even HaEzer 162:3
[236] SA, Even HaEzer 46:1, 169:1, 169:58, Seder Halitzah #1
[237] SA, Even HaEzer 169:3
[238] SA, Even HaEzer 169:12, 169:86, Seder Halitza #29
[239] SA, Even HaEzer 169:86, Seder Halitza #29
[240] SA, Even HaEzer 169:94, Seder Halitzah #37
[241] SA, Even HaEzer 169:14, 169:96, Seder Halitzah #39
[242] SA, Even HaEzer 169:15
[243] SA, Even HaEzer 169:97, Seder Halitzah #40
[244] SA, Even HaEzer 169:101, Seder Halitzah #44
[245] SA, Even HaEzer 169:102, Seder Halitzah #45, #51
[246] SA, Even HaEzer 169:105, Seder Halitzah #48
[247] SA, Even HaEzer 169:106, Seder Halitzah #49
[248] SA, Even HaEzer 169:109, Seder Halitzah #52
[249] SA, Even HaEzer 169:38, 169:110, Seder Halitzah #52
[250] Deut 25:9-10
[251] SA, Even HaEzer 169:42, 169:111, Seder Halitzah #54
[252] SA, Even HaEzer, Seder Halitzah #55
[253] SA, Even HaEzer, Seder Halitzah #56
[254] Translator's note 4 to Moznaim translation of MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 10, sec 1 (page 119M). Translator's Introduction to Yale translation of MT Book 4, The Book of Women, Sefer Nashim (page xxxivY)
[255] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 10, sec 1 (pages 118M 61Y)
[256] Translator's note 4 to Moznaim translation of MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 10, sec 1 (page 119M). Translator's Introduction to Yale translation of MT Book 4, The Book of Women, Sefer Nashim (page xxxivY)
[257] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 2, secs 1-2, (pages 18M 8-9Y)
[258] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 18, sec 1 (pages 214-216M 113Y). SA, Even HaEzer 6:8.
[259] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 18, sec 2 (pages 216M 113Y) . SA, Even HaEzer 6:8.
[260] SA, Even HaEzer 6:9
[261] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 18, sec 2 (pages 216M 113Y) . SA, Even HaEzer 6:8.
[262] SA, Even HaEzer 6:17
[263] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 18, sec 1 (pages 214-216M 113Y)
[264] 8 MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 2 on Forbidden Foods, Ma’achalot Assurot; Chapter 11, sec 8, (pages 402M 209Y)
[265] 9 MT Book 11, The Book of Torts, Sefer Nezikin; Treatise 4 on Wounding and Damaging, Chovel UMazik; Chapter 7, sec 6, (pages 478M 184Y)
[266] 10 MT Book 3, The Book of Seasons, Sefer Zemanim; Treatise 1 on The Sabbath, Shabbat (Shabbos); Chapter XXX, sec 15, (pages 350-352M 197-198Y); MT Book 3, The Book of Seasons, Sefer Zemanim; Treatise 2 The Erub, Eruvin; Chapter 2, sec 16, (pages 46M 213Y)
[267] 11 MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 2 on Forbidden Foods, Ma’achalot Assurot; Chapter 11, sec 7, (pages 400-402M 209Y); MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 2 on Forbidden Foods, Ma’achalot Assurot; Chapter 13, sec 11, (pages 430M 222Y)
[268] 12 MT Book 1, The Book of Knowledge, Sefer Madda; Treatise 4 Avodat Kochavim V’Chukkoteihem Worship of Stars (Idolatry), Chapter 9, sec 4, (pages 76bF 170-172M); MT Book 1, The Book of Knowledge, Sefer Madda; Note 8 in Moznaim translation to Treatise 4 Avodat Kochavim V’Chukkoteihem Worship of Stars (Idolatry), Chapter 9, sec 4, (page 171M)
[269] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 11, sec 3 (pages 132M 68Y). SA, Even HaEzer 22:11, 167:1
[270] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 1, sec 13 (pages 20M 13Y). SA, Even HaEzer 20:1, 167:4
[271] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 11, sec 3 (pages 132M 68Y). SA, Even HaEzer 20:1, 167:4