עברית
Halachot and Customs
In What Circumstances May a Husband Remarry His Divorced Wife?
Question
According to halacha, it is ruled that a woman who was married and divorced, if she remarried—that is, was with another man within the framework of marriage—and then divorced again, she is prohibited from remarrying her first husband. However, if she did not remarry but was involved forbiddenly with other men, she is permitted to marry her ex-husband again. What is the reasoning for this, and what sources do they rely upon for this ruling? Thank you very much.
Answer
Greetings,
In Tractate Yevamot (11b), this law is taught that a divorced woman who committed adultery is permitted to return to her husband. This is derived from the original Torah prohibition (Deuteronomy 24:2-4), which uses the phrasing involving "being married". From this, it is understood that only if, after her divorce, she married another man is she forbidden to return to her first husband. But if she committed adultery without remarriage, she is permitted to return to her first husband. See Rashi's commentary there for clarification. This is also the halachic ruling in Shulchan Aruch Even HaEzer (Siman 120, Se'if 1), that if a man divorces his wife and afterwards she committed adultery, she is permitted to return to her husband. But if she remarried after that, whether through divorce or death of the second husband, she is prohibited from returning to the first.
With blessings,
Hillel Meirs
