Shulchan Arukh Even HaEzer · Siman 116

Shulchan Arukh Even HaEzer 116 — English translation

Translation: Sefaria Community Translation. Section numbers match the Hebrew text above.

1. 1One who marries one of those prohibited because of a negative prohibition, if he recognizes in her [that is she prohibited to him] she gets the principle [i.e. the base about of the ketubah] and the additional amounts and all that is promised to her; however she does not get food until after he dies, but during his lifetime she does get food, even if she borrowed and ate he is not obligated anything, Rem"a: and if he feeds her, her work product is his (Nemukei Yosef chapter There are those that are Permitted). And if he does not recognize in her [that she is prohibited to him] she does not get the 100 or 200 but she does get the additional amounts. And she does get any promises from the promises of the ketubah, and even food after death; and he is not obligated in her ransom, and even here he does not pay for the fruits he has eaten from her, and even if they are still extant by him. And the property that she brought in to him [in the marriage], if they are extant, whether nikhsei melug (property that remains in her possession, but which the husband can use, throughout the marriage) or nikhsei tson barzel (lit. property of iron sheep, meaning property that husband possesses during the marriage but for which he guarantees their value in the ketubah), she takes them. And anything that is lost or stolen or destroyed or worn out from nikhsei tson barzel, he does not have to pay [for it]. And anything that is lost or stolen from nikhsei melug, he has to pay [for it].
2. 2Those who are prohibited because of a positive commandment, even if he did not recognize in her [that she was prohibited], her law is like those prohibited because of negative commandment where he did recognize in her [that she was prohibited].
3. 3Ailonit [a woman who has not properly passed through puberty despite being an adult], if he recognizes in her [that she is an Ailonit], she is like all the women and she has both the ketubah and the promises of the ketubah, and so too the husband obtains in what he would obtain in other women. And if he does not recognize in her [that she is an Ailonit], her law is like the law of a woman who is prohibited because of a negative prohibition that he has not recognized in her [that she is prohibited].
4. 4... A Shniya (a woman relative prohibited by rabbinic enactment which expanded the categories of relatives for which sexual unions are prohibited) whether he recognizes in her [that she is prohibited] or does not recognize in her [that she is prohibited], her law is like the law of a woman who is prohibited because of a negative prohibition that he has not recognized in her [that she is prohibited]; except for nikhsei melug and nikhsei tson barzel, [for which] her law is like the law of all women.
5. 5The woman who refuses to continue her marriage to her husband after she reaches maturity is not given the one hundred or two hundred [zuz, which are the primary Ketubah}, but she is given any additional amounts. Her husband must provide her with food and redeem her if she is taken captive for as long as they are married. He may consume the profits of her properties, though if he traveled abroad and she borrowed to provide her food or redeem herself, and she then refused to continue the marriage, he does not need to reimburse her even though he has consumed the profits of her properties. This is true even of the profits are extant.
6. 6A minor who is divorced, her law is the same as an adult divorcee.

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