Talking Talmud

Yevamot 91: When Rape Is Not at All Rape


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In the case of the woman who has remarried after the testimony that her first husband has died, but not with the consent of the court - she can go back to her first husband, once it is determined that he is alive. Which leads to a debate about the way to talk about the halakhah, and how one should not appropriate another's opinion without naming him. Plus, a comparison to rape that sounds difficult to modern ears, but actually leads to rendering a decision in the woman's favor. Also, the question of establishing fact on the basis of two witnesses - what, really, could she have done?! Except the Gemara brings 6 challenges to that same premise. The case of divorce being a sharp question here, including an example where the women getting divorced is criticized for not checking the text of the get, apparently herself. Plus, a "bald get."
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Talking TalmudBy Yardaena Osband & Anne Gordon

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