WALTER JACOB
Ket. 62b.
Ket. 48a; 61a.
Ket. 46b, 51a, 52a.
Ket. 61a, 63b.
Kid. 2a, b; Shulhan Arukh, Even Haezer 27:1.
Gen. 4:1“knowing.”
Kid. 9b; Yeb. 107a; Ket. 73a; Git. 81b; Shulhan Arukh, Even Haezer 33:1.
Moed Katan 17a; Tos. to Kid. 40a.
Yeb. 44a, 65a; S.D. Goitein, A Mediterranean Society, Vol. 3(Berkeley, 1978), p. 206f.
18. For a full list see Moses Mielziner , The Jewish Law of Marriage and Divorce(Cincinnati , 884), pp. 33ff.
9. R. Asher decided that the rabbinic authorities had the power to annul marriages that vioated rabbinic law. He justified this as a fence around the law. Divorce could therefore be forced; Sher, Responsa 43.8, cited in A. H. Freiman, Seder Kiddushin Venisuin(Jerusalem , 1964), p. 71. Some others followed him, but this was not the normal path.
20. Death penalty Lev. 20:10; Deut 22:22; Mak. 7a.
21. The Bible provided the death penalty for both parties(Lev. 20:10; Deut. 22:24), and this was continued into Mishnaic times and discussed in the Talmud (Maz. 27:27, 35; San. 6.3; San. 30b ff). Like all capital punishment, this became theoretical because of the reluctance of the Tabbis to invoke it. They made it so difficult that it was virtually annulled(San. 40b-41a). Instead, the adulterers were whipped(Whipping, Shulhan Arukh, Even Haezer 11; Yad Hil. Issurei Bigh 1.8).
; In later times a man was to divorce his adulterous wife, and this could be done even bi her will(Meir of Rothenberg, Responsa 245). The adulterer could not marry her(Yeb.
4; Shulhan Arukh, Even Haezer 11.1).
2 If the marriage had taken place(bediavad) it was recognized, and the parties were not teed to divorce(Shulhan Arukh, Even Haezer 11.2; Otzar Haposkim, Even Haezer 11.1, 44).
23,
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