The establishment of and the categories of prohibited relationships.
פרק א8 halachosFriday, August 28, 2026ט״ו באלול תשפ״ו◷ Estimated study time: 45–60 min
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Introduction to
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“In the name of , God of the world” (Genesis 21:33).
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“The teaching of a wise person is a fountain of life, turning one away from the snares of death” (Proverbs 13:14).
The fourth book: —the Book of Women.
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It contains five sections of law, arranged in this order:
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—the Laws of Marriage;
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—the Laws of Divorce;
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—the Laws of and ;
These laws address the bond between a qualifying childless widow and her deceased husband’s brother: is the prescribed marriage, and is the ceremony that releases the bond.
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—the Laws Concerning a Virgin Maiden;
—the Laws of a .
A is a wife whose suspected infidelity, following a qualifying warning and seclusion, falls under the ’s special procedure.
Introduction to
—the Laws of Marriage.
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These laws encompass four commandments: two positive commandments and two prohibitions. They are:
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(1) To marry a woman with a and ;
establishes the binding first stage of marriage. The records the husband’s financial obligations toward his wife. They serve different purposes: the is not the act that establishes .
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(2) That a woman not have sexual relations without a and ;
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(3) Not to withhold her food, clothing, or marital intimacy;
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(4) To be fruitful and multiply with her.
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These commandments are explained in the following chapters.
Before the was given, a man might encounter a woman in the marketplace.
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If he wished to marry her and she agreed,
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he would bring her into his home and have relations with her privately, and she would become his wife.
Before the was given, the couple’s agreement to marry was followed by his bringing her into his home and having relations with her as his wife. No separate preliminary act of was required.
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Once the was given, Israel was commanded that, if a man wishes to marry a woman,
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he must first acquire her in the presence of , and afterward she becomes his wife,
“Acquire” here means establishing the binding marital status called . The following explain how this status is created and why it already has legal consequences before the couple begins married life together.
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as it is written: “When a man takes a wife and has relations with her” ( 22:13).
The verse places “taking” a wife before having relations with her. This is the sequence reflected in the requirement to establish first.
Synopsis
The requires marriage to begin with a formal act of before , rather than through the couple beginning married life together without that preliminary act.
✦Live ItGive good intentions a concrete form
Give good intentions a concrete form
The requires marriage to begin with , a formal act before . The couple’s wish to marry must be followed by the act that establishes their binding relationship.
In everyday commitments, we can also notice the distance between meaning well and making something definite. “We should spend more time together” may express real affection, yet leave another week unchanged. Agreeing to put the phones away and sit together after dinner gives that intention a place in the day. A small, clear arrangement makes it easier to follow through on something we already care about.
Try today
Turn one good intention involving another person into a specific plan you can realistically keep.
This act of taking a wife is a positive commandment of the .
(positive commandment 213) and ( 552) count this formal establishment of marriage among the ’s commandments.
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A woman is acquired through any one of three means:
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money, a document, or sexual intercourse.
These are three alternative ways of establishing . Any one of the three is sufficient, provided its requirements are met. The document mentioned here is a document that establishes , rather than the , which records marital financial obligations.
These acts establish only when performed as with the required legal conditions. An ordinary gift or sexual relationship does not automatically create this marital status ( 3:1–5).
Listing intercourse as a legally effective method does not mean that it is permitted as the chosen method. The later rules that one may not establish this way, although performed in this manner can nevertheless take effect ( 3:21).
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Through intercourse or a document, it is established by law; through money, by the teachings of the Sages.
The and explain that “by the teachings of the Sages” here describes how the law is learned, rather than a lesser degree of marital validity. On their reading, through money creates a -level bond, just as the other two methods do. The wording and its interpretation are discussed further below.
,״״״״.
This act of acquisition is what is called “” or “” throughout these laws.
means consecration; is commonly translated as betrothal. Both names refer to the same binding first stage of marriage. “Betrothal” here does not mean an ordinary engagement or a promise to marry.
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A woman acquired through any one of these three means
״״״״.
is called “” or “betrothed.”
Synopsis
Establishing is a positive commandment and can be accomplished through money, a document, or intercourse. and are two names for this same binding act.
🔎Dig DeeperThe Three Methods of
The Three Methods of
Why is through money described as “the teachings of the Sages”?
The challenges this wording: 4b derives the effectiveness of money through a , a received method of interpreting the by connecting matching expressions in different verses. Why, then, should this method of be described differently from the other two?
The and explain the wording in light of the ’s discussion in , General Principle 2. They distinguish between a law stated explicitly in the and one learned through the Sages’ interpretation. On this understanding, the description concerns the way the law is derived; it does not reduce the binding force of through money.
offers a different explanation. He maintains that the Rambam later corrected the text to state that all three methods are established by law. In his account, the differing formulations reflect stages in the Rambam’s treatment of the subject. He draws on the , the Rambam’s responsa, and 3:20. The discussion of the Rambam’s son, , in , responsum 44, is also cited in support of the corrected reading.
These are two different approaches to the wording: one explains the phrase —“by the teachings of the Sages”—without diminishing the -level validity of the bond, while the other maintains that the Rambam subsequently revised the formulation.
Sources:Ra’avad, Maggid Mishneh, and Kessef Mishneh on 1:2; 4b; , General Principle 2; ,1:1; 3:20; , responsum 44.
The approved explanation distinguishes between a method that can establish and a method one is permitted to use. An act can produce a binding result even though choosing that method is forbidden.
That distinction gives us something to consider when we say, “But it worked.” Embarrassing someone in front of others might get them to cooperate, yet their cooperation does not settle whether we treated them properly. When we need to raise a concern, we can think about both the change we want and how we ask for it. A private, respectful conversation deserves consideration before reaching for pressure.
Try today
Before raising one concern, choose a way to say it that respects the other person’s dignity.
even though she has not had relations with her husband or entered his home—
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she has the status of a married woman.
Marriage has two legal stages: establishes the binding marital bond, and completes the marriage. The details of are explained later. Here, the point is that a woman already has the status of a married woman after , even before that second stage ( 10:1–2).
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A man other than her husband who has relations with her is liable to a court-imposed death penalty.
The marital status created by is already sufficient for relations with another man to constitute adultery. The is stating the legal severity of that offense.
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If her husband wishes to divorce her, she requires a .
A is the formal bill of divorce required to dissolve the marital bond. Since has already created that bond, the couple cannot end it merely by deciding not to proceed with married life together.
Synopsis
already gives a woman the status of a married woman, even before relations or entry into her husband’s home. Relations with another man constitute adultery, and ending the marriage requires a .
Before the was given, a man might encounter a woman in the marketplace.
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If they both agreed, he would pay her,
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have relations with her by the roadside, and go on his way.
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Such a woman is called a .
This describes a nonmarital sexual encounter. Unlike the arrangement described in Halachah 1, the couple does not intend to establish a marriage.
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Once the was given, relations with a were forbidden,
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as it is written: “There shall be no among the daughters of Israel” ( 23:18).
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Therefore, anyone who has relations with a woman for the purpose of a nonmarital sexual encounter, without —
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is liable to lashes under law, because he has had relations with a .
Although the opening example includes payment, the concluding ruling does not make payment a condition. In the ’s formulation here, the prohibition is not limited to someone who makes a profession of prostitution.
Synopsis
The rules that relations undertaken as a nonmarital sexual encounter without violate the ’s prohibition of and carry liability for lashes.
🔎Dig DeeperThe Prohibition of Relations Without
The Prohibition of Relations Without
How broadly does the prohibition of apply?
The disputes the ’s broad application of this prohibition. He does not classify every isolated nonmarital encounter as relations with a , but applies that designation more narrowly to prostitution. The disagreement therefore affects whether the particular prohibition and its accompanying liability for lashes apply to the encounter described by the Rambam.
This disagreement should not be read as resolving every question about relationships outside . A —a woman designated as a partner without being as a wife—is a separate subject, addressed in 4:4.
Sources:Ra’avad on 1:4; 4:4. The prohibition is counted in , negative commandment 355, and , 570.
All those with whom the forbids relations and with whom relations carry liability for —
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namely, those listed in the portion of (Leviticus 16:1)—
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are called .
, often translated as “excision,” is a severe punishment imposed by Heaven. It is distinct from a punishment administered by a human court. here identifies a particular category of forbidden relationships, rather than every relationship prohibited by the .
The reference to Leviticus 16:1 identifies the beginning of the portion. The prohibited relationships themselves are listed later, in Leviticus 18.
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Each individual woman in this category is called an ,
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such as one’s mother, sister, daughter, and others of this kind.
is the singular form of . The term describes the woman’s forbidden relationship to the particular man. Some relationships in this category also carry a court-imposed death penalty; liability for does not mean that a court penalty can never apply.
Synopsis
are the ’s forbidden relationships that carry liability for . Each woman forbidden to a particular man in this category is called an .
There are other women whose prohibition is transmitted through the oral tradition and whose prohibition is rabbinic.
These are additional family relationships prohibited by the Sages, beyond the ’s category of described in the preceding . Here, “rabbinic” identifies the actual level of the prohibition.
״״,.״״.
They are called because they form a secondary category to the . Each individual woman in this category is called a .
The term does not mean “second cousins” or a particular degree of kinship. It names this additional category of forbidden relatives.
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There are twenty such categories of women, as follows:
The number twenty counts the listed categories, not necessarily twenty individual relatives. Some categories extend through an unlimited number of generations, while others apply only to the particular relative named.
In each relationship below, begin with the man whose marriage is being considered. “His” refers to that man, and each additional family term takes you one step further along the relationship.
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(1) His mother’s mother. This prohibition has no generational limit: even his mother’s mother’s mother’s mother, and those further up that line, are forbidden.
The prohibition continues upward through successive mothers: his maternal grandmother, her mother, her mother’s mother, and so on.
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(2) The mother of his mother’s father, but only that relative.
This is his maternal grandfather’s mother. “Only” means that this particular category does not continue upward to her mother and more remote ancestors.
“Only” limits this particular prohibition; it does not permit someone who is independently forbidden through another relationship.
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(3) His father’s mother. This prohibition has no generational limit: even his father’s mother’s mother’s mother, and those further up that line, are forbidden.
Here the line begins with his paternal grandmother and continues through her mother and successive mothers above her. It does not refer to every ancestor on his father’s side.
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(4) The mother of his father’s father, but only that relative.
This is his paternal grandfather’s mother. Unlike the preceding category, this prohibition does not continue upward through her ancestors.
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(5) The wife of his father’s father. This prohibition has no generational limit: even a wife of our forefather is forbidden to any one of us.
This category follows the direct paternal line: the wife of his paternal grandfather, the wife of that grandfather’s father, and so on. It includes a wife of the ancestor who is not herself the man’s biological grandmother. The reference to illustrates how far back this relationship extends.
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(6) The wife of his mother’s father, but only that relative;
This is his maternal grandfather’s wife. This category does not extend to the wives of more remote ancestors.
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(7) The wife of his father’s brother through their mother;
This means his father’s maternal half-brother: the two brothers share a mother but not a father. That qualification identifies the particular relationship included here among the rabbinic prohibitions.
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(8) The wife of his mother’s brother, whether the brother is related to her through their mother or through their father.
For a maternal uncle’s wife, either kind of sibling relationship between his mother and her brother is included.
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(9) His son’s daughter-in-law. This prohibition has no generational limit: even the daughter-in-law of his son’s son’s son, and those further down that line without end, are forbidden—
His son’s daughter-in-law is the wife of his son’s son. The prohibition continues downward through successive sons and applies to their wives.
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so that the wife of any one of us is a in relation to our forefather ;
This illustrates the same unlimited relationship in the opposite direction: however many generations separate the ancestor from his male descendant, the descendant’s wife remains included.
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(10) His daughter’s daughter-in-law, but only that relative.
This means the wife of his daughter’s son. Unlike the preceding category, this one does not continue through further generations.
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(11) The daughter of his son’s daughter, but only that relative;
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(12) The daughter of his son’s son, but only that relative;
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(13) The daughter of his daughter’s daughter, but only that relative;
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(14) The daughter of his daughter’s son, but only that relative;
These four categories cover his great-granddaughters through each of the four possible paths: through his son’s daughter, son’s son, daughter’s daughter, or daughter’s son. In each case, the stated rabbinic prohibition stops at the generation named.
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(15) The daughter of his wife’s son’s son, but only that relative;
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(16) The daughter of his wife’s daughter’s daughter, but only that relative.
These relationships are traced through his wife: one through her son and his son, and the other through her daughter and her daughter. They concern her descendants, who need not also be his own descendants.
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(17) The mother of his wife’s father’s mother, but only that relative;
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(18) The mother of his wife’s mother’s father, but only that relative;
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(19) The mother of his wife’s mother’s mother, but only that relative;
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(20) The mother of his wife’s father’s father, but only that relative.
These are his wife’s four great-grandmothers—the mother of each of her four grandparents. Each prohibition applies to the particular generation named.
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Thus, there are four categories of that have no generational limit:
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the mother’s mother and the successive mothers above her; the father’s mother and the successive mothers above her;
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the wife of the father’s father and the wives of successive fathers above him; and the wife of the son’s son and the wives of successive sons below him.
“No generational limit” applies only along the particular family line specified. It does not extend the prohibition indiscriminately to every relative in an earlier or later generation.
Synopsis
The Sages prohibited twenty categories of additional relatives, called . Four categories continue indefinitely along the specified family lines; the remaining categories stop at the particular relatives named.
Relationships that the prohibits without imposing liability for are called —prohibitions expressed through negative commandments.
The category discussed here consists of relationships forbidden by a “do not” commandment, but without the liability for that characterizes . The next separately identifies restrictions derived from positive commandments.
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They are also called —prohibitions of holiness.
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There are nine such categories, as follows:
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A widow in relation to a .
A is a member of the hereditary priesthood descended from . The is the High Priest. He is forbidden to marry a widow; that particular restriction does not apply to an ordinary .
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A divorced woman, a , or a —in relation to either a or an ordinary .
These are three separate categories. here is a technical classification in the laws governing whom a may marry; it is not a synonym for “prostitute.” It includes a female convert, even without any previous sexual relationship. It also includes a Jewish woman who has had relations with a man forbidden to her by a marriage prohibition that is not specific to , or with a . Not every forbidden sexual relationship creates this status.
A is a man whose priestly lineage has been disqualified. A has a specific status arising from the laws of priestly lineage and prohibited priestly unions. For example, a daughter born to a from a union prohibited specifically because of his priesthood is a . A woman already forbidden to him under those priestly marriage laws also becomes a through relations with him. Merely being forbidden to marry a does not itself make a woman a .
The detailed definitions appear in 18:1–5 and 19:1–5.
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A in relation to an Israelite man, and likewise an Israelite woman in relation to a .
A is a person born from certain forbidden unions carrying liability for or a court-imposed death penalty, with the exception of relations during —the menstrual status during which marital relations are forbidden. A child does not become a merely because the parents were unmarried. is the feminine form of the same status.
The two directions listed here form one category: the restriction applies whether the person with that status is the man or the woman.
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An Israelite woman in relation to an Ammonite or Moabite man.
The men referred to here are converts from those peoples. Their conversion does not itself remove the marriage restriction discussed in this clause. Ammonite and Moabite men constitute two of the nine categories.
These names refer to the ancient peoples identified by these laws, not simply to someone’s present-day country of origin.
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An Israelite woman in relation to a man whose testicles have been crushed or whose reproductive organ has been severed.
These terms identify the particular physical conditions addressed by the ’s prohibition. The two conditions are grouped together here as one category.
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A man’s divorced wife, after she has married another man.
This concerns returning to her first husband after the intervening marriage has ended. The fact that she is no longer married to the second husband does not remove this restriction.
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A who marries an outside man while she remains bound to the .
A is a widow whose husband died without offspring and who is bound by the laws of to his surviving brother, the . is the prescribed marriage to an eligible surviving brother; is the ceremony releasing that bond. Until the bond is resolved through or , she may not marry someone outside it.
“An outside man” means a man other than a brother eligible to fulfill with her.
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A woman who has undergone is treated like a divorced woman and is forbidden to a by rabbinic law.
releases the widow from the bond requiring . Although she has not been divorced by a husband, the Sages prohibited her from marrying a , giving her the same restriction as a divorced woman for this purpose. This is an additional rabbinic prohibition, not one of the nine categories just listed.
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The are treated like , both males and females, and their prohibition is rabbinic.
The comparison concerns their restriction on marriage into the community; it does not mean that their ancestry gives them the actual status of .
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The identity of the will be explained in .
are the descendants of the . Their marriage restriction remained after conversion. ’s restriction applied while the Temple stood; extended it to apply even when there was no Temple ( 12:22–23).
Synopsis
are relationships forbidden by negative commandments without liability for . The lists nine categories, followed by the separate rabbinic restrictions concerning a woman who underwent and the .
Marriage Restrictions Derived from Positive Commandments
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There are also relationships whose prohibition derives from a positive commandment, rather than from a negative commandment.
A positive commandment can establish a restriction by stating whom a person may marry. Those excluded by that instruction are forbidden, even though the does not express their prohibition as a separate “do not” commandment.
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There are three such categories:
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An Egyptian or Edomite of the first or second generation, whether male or female;
This refers to Egyptian and Edomite converts and their next generation. The restriction concerns their marriage into the Israelite community; it does not mean that their conversion is invalid. Egyptians and Edomites count as two categories.
These names refer to the ancient peoples identified by these laws, not simply to someone’s present-day country of origin.
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and a woman who has previously had intercourse, in relation to a .
This is the third category. It concerns the ’s requirement to marry a virgin.
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For concerning these cases, the does not say, “He shall not enter,” or “He shall not take”;
“He shall not enter” refers to entering the community through marriage, while “he shall not take” means that he may not marry the woman. These are examples of the wording the uses when stating an explicit negative commandment.
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rather, from the statement, “Their third generation may enter” ( 23:9),
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you learn that the first and second generations may not enter.
By permitting the third generation to marry into the community, the verse excludes the first two generations. The prohibition is derived from the boundary established by the positive wording.
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Similarly, from the statement, “He shall take a woman in her virginity” (Leviticus 21:13),
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you learn that he may not marry a woman who is not a virgin.
The instruction to the is expressed positively: he must marry a virgin. The restriction on marrying a woman who has previously had intercourse follows from that requirement.
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A prohibition inferred from a positive commandment has the legal status of a positive commandment.
Although the result can be expressed in English as “he may not,” its legal classification follows the ’s wording from which it is derived. It therefore belongs to the category of restrictions arising from positive commandments, rather than to .
Synopsis
The marriage restrictions on first- and second-generation Egyptian and Edomite converts, and on a marrying a woman who has previously had intercourse, derive from positive commandments. A prohibition inferred from a positive commandment retains that classification.
Translation and elucidation: Independently prepared for Rambam, Clearly in contemporary English. Translation follows the Rambam’s words; elucidation supplies only the context needed to understand them.
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Chapter 1 at a glance
Marriage and prohibited relationships
establishes a binding marital status. The chapter then distinguishes categories of prohibited relationships.
The requires marriage to begin with a formal act of before , rather than through the couple beginning married life together without that preliminary act.
already gives a woman the status of a married woman, even before relations or entry into her husband’s home. Relations with another man constitute adultery, and ending the marriage requires a .
The Sages prohibited twenty categories of additional relatives, called . Four categories continue indefinitely along the specified family lines; the remaining categories stop at the particular relatives named.
are relationships forbidden by negative commandments without liability for . The lists nine categories, followed by the separate rabbinic restrictions concerning a woman who underwent and the .
The marriage restrictions on first- and second-generation Egyptian and Edomite converts, and on a marrying a woman who has previously had intercourse, derive from positive commandments. A prohibition inferred from a positive commandment retains that classification.