YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Even if def is not contagious at this moment in time, the disease is not stable and return to contagiousness cannot be ruled out. Halachically, regarding these types of conditions, we are sensitive to the possibility of contagion up to two years after the patient is healed (see Gittin 86a and Rashi ad loc.). Contemporary medical literature speaks of a form of leprosy that leads to limbs falling off and death and a form related to the nervous system which lasts 17-20 years. Indications are that def is suffering from the former, Heaven forbid.
The gemara (Ketubot 77a) says that one who is afflicted by boils related to leprosy is compelled to give a get to his wife, and so rule the Rambam and Shulchan Aruch (Even Haezer 154:1). These sources refer to the husband being negatively impacted by living with his wife as a factor along with the disgust the condition causes the wife. In this case, there do not seem to be medical indications that marriage is detrimental to def’s health. However, the R’em (Mayim Amukim 19) indicates that the effect on the husband is needed for a case where the wife is willing to remain married. However, when she substantiates her desire for divorce based on her disgust, this alone justifies divorce. This is the approach of more recent poskim as well. It is true that some poskim talk about sirachon (usually translated as stench), and it has not been proven that this applies to def. However, sensitivity to sirachon is obviously greater in a relationship of close contact. In any case, any condition that normally causes disgust to those exposed to it is grounds for ending a relationship (even in regard to canceling the sale of a servant when his leprosy was unknown to the buyer). One can also factor in the doubt whether the condition might be or end up being dangerous for pl.
For the reasons mentioned, beit din rules that def is obligated to give a get to pl and pay the ketuba. While we must never give up hope that def will recover, pl is not required to wait for such an outcome.
P'ninat Mishpat (832)
Various Rabbis
273 - To Adjudicate in Israel or In the Defendant’s City?
274 - Leprosy as Grounds for Divorce
275 - A Get for a Fake Marriage?
Load More
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
