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Is it permitted for a man to marry his dead wife's sister?

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Binyamin Yisrael:
That animal Ariel Sharon did so. Does that make his sons from his second wife mamzerim?

muman613:

--- Quote from: Binyamin Yisrael on June 27, 2013, 10:28:20 PM ---That animal Ariel Sharon did so. Does that make his sons from his second wife mamzerim?

--- End quote ---

My initial reaction is that it is permitted. If the first wife is dead I don't see any reason for this to be forbidden.

Obviously it is forbidden if the mans wife is still alive.


--- Quote ---http://www.torah.org/learning/ravfrand/5770/achareimos.html

The Reason The Torah Prohibits Marrying Two Sisters

These divrei Torah were adapted from the hashkafa portion of Rabbi Yissocher Frand's Commuter Chavrusah Tapes on the weekly portion: Tape # 678, Tochacha: Is Ignorance Bliss? Good Shabbos!

Parshas Achrei Mos contains the list of forbidden sexual relationships. Vayikra 18:18 contains the Biblical prohibition for a person to marry his wife's sister. In expressing this prohibition, the Torah uses the word "litzror" [to make a co-wife].

The Ramba"n comments: This verb expresses the reason for this prohibition. Most of the forbidden relations (e.g. -- mother-in-law, daughter-in-law, etc.) were simply forbidden without stating a reason. However, the Torah does state a reason by a sister-in-law, namely that it is inappropriate to make two sisters into co-wives of the same husband. These two women should ideally love one another. Placing them into a situation of rivalry will inevitably cause those who should have been best of friends to have a hostile relationship with one another.

The Ramba"n continues: The Torah does not state this regarding a daughter or mother of one's wife, because they remain forbidden even after his wife's death (unlike the situation with the sisters, where a sister is permitted to marry her brother-in-law if her sister -- his first wife – dies). The Ramba"n distinguishes between the "ervah" of two sisters and that of other relations. Here the Torah did not forbid the marriage because of "ervah" but because of the social harm it would bring to the sibling relationship, which at any rate is subject to rivalry. To avoid aggravating that natural sibling rivalry to intolerable levels, the Torah forbade a man to simultaneously be married to two sisters. The proof that this prohibition is different than all the others (and that it is not because of "ervah" or "she'er basar" [close relationship] but for some other reason) is the very fact that the prohibition expires upon the death of one of the sisters.

We learn two novel ideas from this Ramba"n.

First, we see from the fact that the Torah includes this prohibition in the chapter of forbidden relationships (arayos) that the Torah treats the matter of causing sisters to hate one another with the same severity as it treats the cardinal sin of arayos.

Second, we see how important it is in the eyes of the Torah for children to get along with one another. The Torah bans two sisters from marrying the same person for the simple reason that the Torah does not want siblings to fight with each other. Whether we are ourselves siblings or whether we are parents who have children who are siblings, we all know that this is indeed a very big challenge.
--- End quote ---

muman613:
http://www.dailyhalacha.com/m/halacha.aspx?id=2088

The Torah forbids marrying one’s wife’s sister as long as the wife is alive. Even if one divorces his wife, it is forbidden for him to marry his wife’s sister. This applies even to his wife’s half-sister, regardless of whether they share the same father or the same mother. If one’s wife dies, Heaven forbid, then he may marry her sister.

The Shulhan Aruch (Eben Ha’ezer 15), based on the Mishna in Masechet Yebamot (24), discusses the case of a man who hears that his wife passed away, and then marries her sister. Sometime later, he hears that the wife had actually not died at the time when he married her sister, but has since passed on. In such a case, any children born to the second wife while the first wife was alive have the status of Mamzerim, since they were born from a forbidden relationship. Children born after the first wife had died, however, are ordinary Jews and do not have the status of Mamzerim.

This Halacha should remind us of the complexity and severity of the laws regarding Yihus – ascertaining valid lineage before marrying. As in the case described above, marrying hastily before assuring proper Yihus could have disastrous results, to which we may apply the proverb, “Me’uvat Lo Yuchal Litkon” (“A corrupt deed cannot be corrected” – Kohelet 1:15). One must therefore ascertain before marrying that the marriage is permissible.

Summary: It is forbidden to marry one wife’s sister – even after divorcing the wife – unless the wife dies, Heaven forbid.

Binyamin Yisrael:
What if he divorces his wife and she dies after they get divorced? Could he marry her then?

I thought maybe Omri Sharon was a mamzer. I say this because he had a child out of wedlock. If he was a mamzer, he couldn't have married the mother. When I was at Hebrew University in 2001, Omri Sharon's son had his brit at the Hyatt Hotel in French Hill where a few week later, Rechavam Ze'evi, HY"D was murdered by an Arab Muslim Nazi. So I saw all the security near the hotel which is near Mount Scopus during the brit.

Binyamin Yisrael:

--- Quote from: muman613 on June 27, 2013, 10:37:53 PM ---Summary: It is forbidden to marry one wife’s sister – even after divorcing the wife – unless the wife dies, Heaven forbid.
--- End quote ---


If one violates this, will their son be a mamzer?

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