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Halacha of marriage


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.




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


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