Overview
This chapter explains the practical consequences of:
- A completely invalid Get
- A rabbinically disqualified Get
- A doubtful Get
- Marriages based on mistaken assumptions
- Returning to a former spouse
- Remarriage after divorce
- The principle that a man generally does not treat his former wife as a casual partner
The central theme is:
Not all defective Gittin are equal. Some are completely void, some are only rabbinically disqualified, and some create doubt.
Halachah 1
A Completely Void Get
Whenever the Rambam says:
- “Batel”
- “Not a Get”
- “Not divorced”
it means the Get is invalid by Torah law.
The woman remains fully married.
If she marries another man:
She must leave him and the child is a mamzer.
Exception:
A Get stating:
“You are divorced from me but not permitted to others”
creates a Rei’ach HaGet (trace of a Get) and disqualifies her from marrying a Kohen.
Halachah 2
A Rabbinically Disqualified Get
Whenever the Rambam says:
“Pasul”
the Get is invalid only rabbinically.
Consequences:
- She may not initially remarry.
- If she did remarry, she remains married.
- The child is not a mamzer.
- A new valid Get should be given.
Halachah 3
Doubtful Divorce
Whenever the Rambam says:
“Safek Gerushin”
the divorce is uncertain.
Therefore:
- She should not marry.
- If she married, she must leave.
- Children have the status of a doubtful mamzer.
A husband may take back a wife who was divorced only through a safek or pasul Get.
Halachah 4
Marriage Based on a Void Get
If she remarried based on a Torah-invalid Get:
- She needs a Get from the second husband.
- She needs a Get from the first husband.
- She becomes forbidden to both.
This is a Rabbinic penalty.
Halachah 5
Husband Reappears
If witnesses reported a husband dead and she remarried, and then the original husband appears:
She must leave both men.
The same rules apply.
Halachah 6
Only Kiddushin Occurred
If she merely became engaged to a second man before discovering the first marriage was still valid:
No Get is required from the second man.
Since kiddushin cannot take effect while she is married.
Halachah 7
Financial Consequences
A woman who improperly remarried because of a void Get loses many financial protections:
- No ketubah
- No mezonot
- No ketubah benefits
Children from the second husband are mamzerim.
Halachah 8
Similar Rules in Yibbum Cases
The same principles apply when:
- One brother mistakenly performs Yibbum,
- Or similar mistaken marital situations occur.
Halachah 9
Marrying a Wife’s Sister
If a man wrongly believed his wife died and married her sister, and later discovers she is alive:
The sister does not require a Get.
Since marriage to a wife’s sister cannot take effect.
Halachah 10
Why Some Sisters Need a Get
When only erusin existed, a Get may be required because observers may assume:
The first engagement contained a condition that failed.
Halachah 11
Mix-Up Between Get and Receipt
If a husband mistakenly kept the Get and the wife received only the receipt document:
The divorce never occurred.
However, if she already remarried and only later the husband produces the original Get:
We do not automatically believe him.
She remains presumed divorced.
Halachah 12
Divorcing Due to Bad Reputation
One who divorces a wife because:
- Of bad reputation
- Excessive vows
may never remarry her.
This prevents future claims:
“Had I known she would improve, I never would have divorced her.”
Halachah 13
Aylonit or Medical Reasons
The same rule applies when he divorced because she was thought to be:
- An aylonit
- Unable to have normal marital relations
He may not remarry her.
Halachah 14
Certain Individuals May Not Marry the Woman
The following generally may not marry the woman involved:
- The messenger who brought her Get from abroad
- The witness who testified her husband died
- The rabbi whose ruling caused her divorce
- A man suspected of improper involvement with her
Because of suspicion of personal interest.
Halachah 15
When the Concern Ends
If:
- They were previously married to others,
- Or the woman later married someone else,
the concern disappears.
The marriage is then permitted.
Halachah 16
Relatives Are Permitted
She may marry:
- The witness’s son
- The rabbi’s son
- Other relatives
because people do not commit wrongdoing simply for another person’s benefit.
Halachah 17
Re-Marrying Through Relations
If a man divorces his wife and later lives with her again in the presence of witnesses:
We assume:
He intended Kiddushin.
Therefore:
She is certainly remarried to him and requires another Get.
This is based on the principle:
“A person does not treat his relations with his former wife as casual immorality.”
Halachah 18
Seclusion Alone
If a divorced woman from marriage is merely secluded with her former husband before witnesses:
We suspect they may have had relations.
Therefore:
She requires a Get out of doubt.
If she was only divorced from erusin:
We do not generally suspect this.
Halachah 19
Limitation of the Chazakah
Some Geonim extended the rule:
“A person does not engage in relations for immorality”
to many situations.
The Rambam strongly rejects this.
He rules:
The presumption applies mainly to one’s former wife and similar marital cases.
With unrelated women we assume relations are promiscuous unless Kiddushin is explicitly intended.
Halachah 20
Rumors of Divorce
If a married woman becomes rumored to be divorced:
The rumor does not change her status.
She remains presumed married.
Only a properly established rumor of Kiddushin may create concern.
Halachah 21
When Should One Divorce?
A man should not:
- Marry with plans to divorce.
- Keep his wife while secretly intending to divorce her.
One should not quickly divorce a first wife.
A first wife should generally be divorced only for serious cause.
Halachah 22
A Harmful Wife
If a wife behaves improperly and lacks modesty:
It is a mitzvah to divorce her.
A decent person should also avoid marrying a woman divorced because of immorality.
Halachah 23
Deaf or Mentally Ill Wife
A woman who becomes deaf:
May be divorced.
A woman who becomes mentally incapable:
Chazal generally forbade divorcing her, to protect her from exploitation.
The husband may marry another woman and continue supporting her from her property.
The Rambam adds that if he nevertheless divorced her, the divorce can be effective provided she is capable of safeguarding her Get.
Main Themes of Chapter 10
| Topic | Ruling |
| Batel Get | Torah-invalid, no divorce |
| Pasul Get | Rabbinically invalid |
| Safek Get | Doubtful divorce |
| Remarriage after invalid Get | Usually forbidden to both husbands |
| Husband returns after presumed death | Leaves both husbands |
| Rei’ach HaGet | Disqualifies from Kehunah |
| Remarrying former wife through relations | Presumed Kiddushin |
| Seclusion with former wife | Creates doubt |
| Rumors | Usually ignored |
| Improper wife | Mitzvah to divorce |
| Mentally ill wife | Generally not divorced by Rabbinic enactment |
Chapter Theme
Chapter 10 serves as a practical conclusion to the laws of divorce documents and their effects. The Rambam distinguishes carefully between a void Get, a rabbinically disqualified Get, and a doubtful Get, and explains how each affects future marriages, children, financial rights, and the possibility of reconciliation. A recurring principle throughout the chapter is the protection of marital status from uncertainty and the preservation of clear family lineage.
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