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 (829)
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: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
