The seventh of the Ten Commandments is the command of “Lo Tin’af” – adultery, which forbids having relations with a married woman (Shemot 20:13).
The Sefer Ha’hinuch presents several different reasons for this prohibition. First, he explains, G-d wants every type of creature to reproduce together with a member of its species, rather than breeding with a creature of a different kind. This extends to the family unit, as well, requiring people to reproduce only with their spouse. Secondly, the Sefer Ha’hinuch writes, G-d wanted to ensure that everybody knows with certainty who his or her father is, and for this reason, it is forbidden to cohabit with a woman who is married to a different man. The Sefer Ha’hinuch gives several reasons why it is important to know who one’s father is, including the simple fact that this is necessary in order to fulfill the command of Kibbud Ab – respecting one’s father. Moreover, if one does not know who his father is, he might end up marrying his sister, or another relative whom he is forbidden to marry.
Additionally, the Sefer Ha’hinuch writes, adultery constitutes a form of theft, in that the adulterer in a sense “steals” his fellow’s wife. And, adultery often leads to murder, as the husband might likely learn about the adulterous relationship and seek to take revenge against the adulterer.
Needless to say, this prohibition applies at all times, and in all locations. It is included among the Seven Noachide Laws, which are binding even upon gentiles.
As a general rule, when a man has relations with a married woman, both are liable to Henek (strangulation) if witnesses were present and the perpetrators were warned. If, however, the woman was not fully married, but was rather a “Na’ara Ha’me’orasa” – a girl who was betrothed, then they are both liable to a more severe form of capital punishment – Sekila (stoning). If the “Na’ara Ha’me’orasa” was the daughter of a Kohen, then she is liable to Serefa (burning). Different explanations have been given for why the punishment is more severe in the case of a betrothed girl. Intuitively, we would have assumed that relations with a fully married woman is a more grievous violation than relations with a girl who is only betrothed and had not yet begun marital life. Nevertheless, the punishment in the case of a betrothed girl is more severe. One explanation is that when one has a relationship with a married woman, he is concerned that the husband might find out, and this fear diminishes somewhat from the enjoyment of the sinful experience. In the case of a betrothed girl, however, the adulterer commits the act without any fear, as she is not even married yet, and thus his forbidden enjoyment is complete. This makes the sin more grievous, and hence the couple is liable to more severe punishment.
There is considerable discussion among the scholars concerning the case of a man who does not die, but rather ascends to the heavens and enters Gan Eden alive – something which happened on rare occasions in earlier generations. Eliyahu Ha’nabi, for example, did not die, but rather ascended to the heavens without dying, and became an angel. Another example of Hanoch, Noah’s great-grandfather, who was taken from this world to Gan Eden alive. Likewise, the great Talmudic sage Rabbi Yehoshua Ben Levi was brought to Gan Eden alive. The question arises as to whether the wife of such a man may remarry. Normally, of course, a married woman becomes permissible for other men once her husband dies. In this case, however, the husband never died, but on the other hand, the husband is no longer in this world. Rav Elhanan Wasserman (1874-1941) writes that this question depends on the conceptual question of whether the reality of the husband’s absence from this world suffices to render the woman permissible for other men to marry, or whether it is specially the husband’s death that allows the woman to be allowed to marry another man. Is a married woman forbidden for other men because she has a husband, or is she forbidden until the husband either gives her a Get or dies?
Some scholars suggest drawing proof to the latter position from the Gemara’s discussion in Masechet Kiddushin (13). The Gemara there raises the question as to the source of the law permitting a wife to remarry after her husband’s death. Initially, the Gemara proposes explaining that since it is the husband who makes the woman forbidden for other men, by betrothing her, it stands to reason that once he is no longer alive, she is allowed to marry another man. However, the Gemara then dismisses this rationale, noting that even after the husband’s death, the wife may not marry his relatives, which shows that even once the husband dies, the effects of his betrothal remain. It does not necessarily follow, then, that the husband’s death automatically dissolves the effects of his betrothal with respect to the wife’s status vis-à-vis other men. The Gemara concludes by noting an association drawn by the Torah between a husband’s death and the giving of a Get. Just as giving a Get has the effect of rendering the women permissible for other men, likewise, the husband’s death results in the woman becoming permissible for other men. This conclusion appears to indicate that a wife becomes permissible only with the husband’s death. The death itself functions just like a Get, allowing the wife to marry another man, and it is thus the death, and not merely the husband’s absence, which renders her permissible. Seemingly, then, the wife of a man who was taken to Gan Eden alive would not be allowed to remarry.
On the other hand, the Rama (Rav Moshe Isserles, Cracow, 1530-1572), in his Darkeh Moshe (E.H. 17), notes that the Torah formulates the prohibition of adultery as a prohibition against relations with “Eshet Re’ehu” – “one’s fellow’s wife.” This phrase implies that only “Eshet Re’ehu” – the wife of a fellow human being – is forbidden, but not the wife of angel, such that the wife of somebody who ascended to the heavens alive should be permitted to marry another man.
A similar question arises in situations of men who died and were then brought back to life. For example, the Gemara in Masechet Megilla tells the famous story of Rabbi Zera, who was killed by his colleague one Purim, and was then revived. Some Rabbis addressed the question of whether Rabbi Zera needed to marry his wife anew, since his death may have dissolved the marriage, thus necessitating a new Kiddushin (betrothal). Likewise, tradition teaches that at the time of Matan Torah, Beneh Yisrael’s souls departed as a result of the sound of G-d’s voice, and they were then revived, giving rise to the question of whether they needed to get married again after their lives were restored.