Translation:Shulchan Aruch/Even ha-Ezer/10

Which divorcee is allowed to return to her husband
(Contains 7 paragraphs)

Paragraph 1- If someone divorces his wife and and she later has sexual relations with another, she is permitted to return to her husband. The same is true where a woman had sexual relations with the first man, married the second and was divorced, and she is permitted to the first one, even if she was originally designated for him. If she had kiddushin with another, however, and he divorced her or died, she would be prohibited from returning to the first husband ''even if the second husband only divorced her because of mere rumor. See above Siman 6 and see later 46:5-6.''

Paragraph 2- If a deaf-mute married with motions and the wife went and got married to another deaf-mute, and it goes without saying if she married a sane man, she would be prohibited to return to her deaf-mute husband. In the case of the wife of a sane man that was divorced, however, who went and got married to a deaf-mute and was divorced, she may return to her sane husband. See later in Siman 119 whether he is permitted to live in the same courtyard as her after she was divorced.

Paragraph 3- If one divorces his wife because she developed a bad reputation or because she takes vows often or is incapable of having children, he may not remarry her. There are those who say this is only where he specifically said that is why he is divorcing her and he doubles his statement and says if not for these circumstances he would not divorce her. If he did not double his statement, however, he is able to remarry her. There are those who say that if he said he is divorcing her for this reason, even if he did not double his words, he cannot remarry her. There are those who say even if he did not say this is the reason he is divorcing her he cannot remarry her.

Paragraph 4- If one divorces his wife because she constantly bleeds during sexual relations, he cannot remarry her.

Paragraph 5- In all the foregoing where we said he cannot remarry, if he went ahead and remarried before she had kiddushin performed on her by another, he does not have to divorce her. If he did divorce her and had children born from the remarriage, he may remarry her again so as not to spread slander on the children.

Paragraph 6- If one divorces his wife for any of these reasons, we tell him that he should be aware that he can never remarry her.

Paragraph 7- If one divorced his wife because of a vow he took to divorce her, he may remarry her.