Question:
Dear Rabbi,
My father’s brother is intermarried to a Catholic. He was once married by ceremony to a Jew but says he quickly had it anulled.
He can not tell me he got a Gett so I assume halachaically he is still married.
Is this a true matter and if he wanted to end the halachaic trouble, would he have to find the woman and give a gett?
Thank you.
Answer:
Hello,
It is hard to comment without knowing what was done by the wedding and what was done to nullify the marriage. If he was indeed halachically married, and he never gave her a get, his ex-wife, is still halachically considered married to him, until he actually gives her the get. He doesn’t necessarily have to hand her the get, and it is possible, under a number of conditions for the Bais Din to send the get via someone else, however this is something what would have be done specifically through a qualified Bais Din to write and send. The woman may not remarry until she has a valid get, and until then any relationship that she has, even if she calls it a marriage would be nothing more that adultery. As a married woman may not remarry before she gets a valid get, from her first husband. The husband may also not remarry, by what is called “cherem d’rabeinu Gershom”. Therefore, the get is in both parties’ interest. On a practical level though, it is doubtful that your brother will be willing to do this, which is a tragedy.
Best wishes
