Question:
Hello,
This is a hypothetical question that crossed my mind.
1.If a man is in a coma for multiple years, with no sign of waking up, is the Beth Din allowed to help his wife divorce?
2. If instead it was the woman who was in a coma for multiple years. Is the man allowed to remarry if :
a) he has no children and therefore has not fulfilled the mitzvah of having children
2) he has one child.
a) he has no children and therefore has not fulfilled the mitzvah of having children
2) he has one child.
3) What would happen if the spouse (be it the husband or wife) in a coma wakes up after the other spouse has remarried
Answer:
Hello,
- In this situation, unfortunately, the woman is unable to remarry.
- Technically, a man can remarry if he gets what is called a "heter meah rabbonim," and this does not depend on how many children he has. The get is deposited in the Bais Din, and the wife can pick it up whenever she wants. The main difference is that, in theory, a man can marry more than one woman, even if he has not given a get. However, we do not do this today because of the cherem of Rabbeinu Gershom, which says a man may not remarry until he gives a get to his wife. Still, it is possible to get around the cherem in certain cases. On the other hand, a woman cannot remarry if she is still married.
- If the husband wakes up, it is not a problem, since his wife cannot remarry. If the wife wakes up, her husband is allowed to marry the other woman.
Best wishes
