1,778. Limiting to Whom an Ex-Wife May Re-Marry

Hilchos Geirushin 8:5

Let’s say that a man divorces his wife and makes a verbal or written condition after the main section of the get was written to the effect that she may marry any man except for a particular individual. If the person in question is a non-Jew, a servant or a someone to whom she is prohibited such as her father or brother, or his father or brother, then the get is valid. If the person named is one who could marry her, then the get is invalid even if the relationship violates a prohibition or that person is a minor. This condition is unacceptable because it means that the husband is retaining some rights regarding the divorce so the marital bond isn’t severed. If the person specified is the husband of the woman’s sister, the divorce is in doubt because relations between the woman and her brother-in-law are currently prohibited but they would become permitted if her sister dies.

Hilchos Geirushin 8:6

A divorce is in doubt: if the man tells his wife that she may marry any man except for one who has not yet been born; if he says “other than extramarital relationships” – this is tantamount to saying that she may marry any man but when it comes to extramarital relations she is prohibited like a married woman; if he says that she is permitted to any man who will have relations with her in the normal manner but that she remains prohibited to one who will have an*l relations with her, or that she may marry any man other than one who betroths her using a document – which means that she can be betrothed through money or intimate relations but she is prohibited like a married woman to one who consecrates her with a document; if he says that she may marry any man except for the ability to annul her vows, meaning that he retains none of his marital rights except for the ability to annul her vows, in which regard, he is still like her husband. The same is true if he stipulates regarding her ability to eat trumah or regarding his right to inherit her property if she dies.