About get
From the Chumash we receive that only when wife does not find favor in the eyes of her husband and he writes to her a bill of divorcee she is megureshes. From here clear, that all conditions that the couple made before marriage in order to simplify the divorcee in case of future drawbacks of husband - enforceable. The matter is easy: on the time of their writing these stipulations was made because of love. This approach offered by Maharshal stand big question to practice of premaritale conditions in the Ketuba. So, the old good law seems to be sufficient, taking in account Rambam’s words about beating the husband.
One issue, between many others, is a source for rifts in Israeli society, I mean mamzerus. Prof. Silberg offer one possible solution. It’s established in Rambam, that prohibition to mamzer to enter congregation of G-d is only in case of marriage, but not cohabitation. So, rabbinate can forbid only marriage and to close eyes to non-marital relationships. The difficulty is that the same Rambam forbids to have concubine for everyone except of king.
Another possible solution is to use the rabbinical law, concerning annulling of husband’s proxy. When husband sends a proxy to bring to his wife bill of divorcee he can not annulate his messenger, but only in the presence of the last. If anyway husband did such thing all his marital relationship is annulated. The root of such ruling is the statement: Everyone who betroths wife, does it with acceptance of all rabbinical laws, if somebody transgresses rabbinical law - his marriage retroactively annulated. So, in our case husband can retroactively, I mean after mamzer burn, to send proxy to his wife and to annulate him without his presence, doing it husband is annulating the whole marriage and the child is not mamzer.
One issue, between many others, is a source for rifts in Israeli society, I mean mamzerus. Prof. Silberg offer one possible solution. It’s established in Rambam, that prohibition to mamzer to enter congregation of G-d is only in case of marriage, but not cohabitation. So, rabbinate can forbid only marriage and to close eyes to non-marital relationships. The difficulty is that the same Rambam forbids to have concubine for everyone except of king.
Another possible solution is to use the rabbinical law, concerning annulling of husband’s proxy. When husband sends a proxy to bring to his wife bill of divorcee he can not annulate his messenger, but only in the presence of the last. If anyway husband did such thing all his marital relationship is annulated. The root of such ruling is the statement: Everyone who betroths wife, does it with acceptance of all rabbinical laws, if somebody transgresses rabbinical law - his marriage retroactively annulated. So, in our case husband can retroactively, I mean after mamzer burn, to send proxy to his wife and to annulate him without his presence, doing it husband is annulating the whole marriage and the child is not mamzer.