Talmud Bavli
Talmud Bavli

Responsa for Yevamot 169:16

אמר ר"ש בן אלעזר מפני מה אמרו אלמנה לכ"ג יש לה כתובה מפני שהוא פסול והיא פסולה וכ"מ שהוא פסול והיא פסולה

but she becomes thereby unfit, and her child is unfit, and [the husband] is compelled to divorce her. Relatives of the second grade of kinship [who are forbidden] by the ordinances of scribes are entitled neither to <i>kethubah</i>, nor to usufruct,<span class="x" onmousemove="('comment',' Consumed by the husband from her melog (v. Glos.) property. ');"><sup>45</sup></span> nor to alimony<span class="x" onmousemove="('comment',' Cf. nn. on our Mishnah. ');"><sup>46</sup></span> nor to worn clothes;<span class="x" onmousemove="('comment',' Cf. nn. on our Mishnah. ');"><sup>46</sup></span> the woman remains fit and her child is fit; but [the husband] is compelled to divorce her. R. Simeon b. Eleazar said, 'Why was it ordained that a widow married to a High Priest is entitled to her <i>kethubah</i>? Because he becomes unfit<span class="x" onmousemove="('comment',' He is not permitted to perform the Temple service as long as he refuses to part with her. V. Bek. 45b and Git. 35b. ');"><sup>47</sup></span> and she becomes unfit and wherever he becomes unfit and she becomes unfit<span class="x" onmousemove="('comment',' [Tosaf.: 'Wherever he becomes unfit or she becomes unfit'. The resulting unfitness of either of them is sufficient to act as a deterrent to the woman in view of the effect it has on the child's fitness. R. Tam, on the other hand, whilst agreeing with this rendering, takes 'he' as referring to the child]. ');"><sup>48</sup></span>

Teshuvot Maharam

Q. Rabbi Eliezer B. Joseph betrothed L through a deputy. Subsequently it was discovered that at the time of the betrothal L was pregnant through harlotry.
A. If L refuses to accept a divorce, Rabbi Eliezer is permitted to marry another woman. Rabbenu Gershom had intended that his prohibition against bigamy should apply only when the first marriage was legitimately contracted; but he had not intended to protect by his takkanah the marriage of a loose and immoral woman. Those who impute such intentions to Rabbenu Gershom will receive severe punishment from Heaven for defaming this saint's character and malignantly ascribing to him silly ordinances in order to make him appear ridiculous and thus discredit his other takkanot. Thus, the Rabbis are intent upon breaking up the marriage of a man to a woman pregnant by another. Would, then, Rabbenu Gershom protect such a marriage by his takkanah! I am even inclined to the opinion that the betrothal itself was invalid since the bridegroom was ignorant of facts, the knowledge of which would have prevented him from marrying L. There is no doubt, however, that Rabbi Eliezer is permitted to marry another woman in case L refuses to accept a divorce.
SOURCES: Cr. 161.
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Teshuvot Maharam

Q. While A was absent in a foreign country, his wife borrowed money for her sustenance. Upon his return, A refused to pay his wife's debts claiming that she could have supported herself by her work.
A. Biblical law requires that a husband must provide his wife's sustenance; therefore, A must pay whatever his wife borrowed for her sustenance.
SOURCES: Pr. 232; L. 383. Cf. P. 11; Mord. Ket. 273.
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