women may use this view as a means of harming men? Or should we consider the other aspect: that this woman has come acknowledging that she is so-and-so’s wife, wishing to clear herself of liability and free herself from him so that she may be able to marry? When we compare the two considerations, it appears that the stronger view is that, in this case, the husband should be required to separate from her. The possibility that her intention is to cause harm is conceivable, but so too is the possibility that she truly is his wife. Averting the latter harm is weightier than averting the former, namely, the harm caused by vexation. We say to this man: if this woman intends merely to harm you, then she will undoubtedly meet her punishment, either in this world or in the Hereafter. As for you, release her, for the possibility that she is telling the truth remains.
In summary: if a woman claims that a certain man is her husband, the matter requires further detail. If her claim concerns a financial right, such as the bridal gift, maintenance, housing, or the like, her claim is heard. But if it is merely a claim that she is his wife, then her claim is not heard. However, if she requests that he be compelled to divorce her, she has the right to do so, so that she may free herself from this situation. In such a case, if the judge knows from the surrounding indications that the woman is lying, he may dismiss the claim and say: “So long as it has not been established before me that he married her, I will not rule that he must divorce her.”
“If he claims an inheritance, he must state its cause; and the probity of the evidence is to be considered both outwardly and inwardly, …”
His statement, “If he claims an inheritance, he must state its cause,” means that if he says, “I am the heir of so-and-so,” he must state the cause. The causes of inheritance are three: kinship, marriage, and clientship through emancipation. Thus, he must say, “I am his heir because I am his relative.” And he must specify the particular degree of kinship if there is another claimant—for example, if there were