Question:

if a couple gets divorced while the wife is pregnant who names the baby?

Answer:

According to the Ashkenazi minhag the wife is the one who gets the first name, because she has the pain of the delivery. and according to the Sefardi minhag however the husband gets the first name.Under normal circumstances although these are the minhagim, the couple should use their intuition and common sense to decide who gets the first name, but when left with no choice these are the minhagaim

Sources:

Sefardi minhag- Daas Zikeinim Bereishis 38-3, that it goes to the father, however Ramban over there argues on this. see Shut Rashbash 291 story with child who was the grandson of the Ramban and Rabeinu Yona, Yabia Omer 5 Y:D 21, Ziv hasheimos 1-7, V’yikorey Shmoy B’yisroel Chapter 3,  B’shvilei Haminhag 1 pg. 111, .

Ashkenazi minhag- Keser Efrayim 39, Bris Avos 8,B’shvilei Haminhag 1pg. 112, Igros Moshe d 3-101, Dvar Yehoshua 2-74, Mishne Halachos 5-198, Shemos B’aretz chap 7.

Tags: Names

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2 Responses to “If a couple gets divorced while the wife is pregnant who names the baby?”

  1. This question is filed under Bar Mitzva.

    • Thanks I meant to file it under bris

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