Questions tagged [divorce]

The divorce procedure, the "get," and concepts, questions, and laws relating to divorce in Jewish law.

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67 views

Halachic spelling of last names

What sources are there for learning how to spell last names in Hebrew? Especially, or halachic documents like kesubos, gittin, etc.
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How is one determined to be an “expert in the nature of divorces and marriages?”

The Shulchan Aruch, Even Haezer 49:3 rules that: כל מי שאינו בקי בטיב גיטין וקידושין לא יהא לו עסק עמהם להורות בהם שבקל יכול לטעות ויתיר את הערוה וגורם להרבות ממזרים בישראל: Anyone who is not ...
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1answer
53 views

Is there ever a Torah obligation to divorce one's wife?

There are many cases throughout the Mishnayos and Gemarra of women who one is obligated to divorce. I believe all of them are Rabbinic. I'm wondering if there's ever a case where the Torah would ...
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100 views

Divorcing one's wife if “she burnt his food OR he saw someone prettier.” Huh?

The mishnah on Gittin 90a lists two starting reasons that could be grounds for divorcing one's wife: ובית הלל אומרים אפילו הקדיחה תבשילו שנאמר כי מצא בה ערות דבר ר' עקיבא אומר אפי' מצא אחרת נאה ...
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1answer
551 views

Were Kohanim forbidden from serving in King David's army?

The gemara in a couple places (Shabbos 56a, Kesuvos 9b) tells us that before leaving to battle, the soldiers in King David's army would give a conditional get to their wives in order to prevent a ...
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1answer
50 views

Can a Bet Din's Halachic rulings be retroactively annulled if a Dayan is found to be corrupt or a grave sinner?

Are there any retroactive ramifications in a case where Ch"v there is fullproof evidence (or admission) of a Dayan being corrupt or committing sins such as breaking shabbat/adultery/murder or עבירות ...
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Why isn't a divorced woman mentioned in the first mishna of Maseches Kesuvos?

Maseches Kesuvos 2a begins with: בתולה נשאת ליום הרביעי ואלמנה ליום החמישי A virgin is married on Wednesday and a widow on Thursday. The ensuing dafim tell us the reasons why these days were ...
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1answer
85 views

What are the requirements for divorcing a brain-damaged woman?

What are the requirements of the Beth din for a man to divorce a women who is brain damaged? If she has parents, can they go with her to the Beth Din to hear what is being said. Who represents the ...
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1answer
63 views

How does Kibbud Av V'Eim work for a child of divorced parents?

How does Kibbud Av V'Eim work for a child of divorced parents? (not referring to a case where one tells him to break Shabbos and the other tells him not to) What about a regular case- like they ...
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Gender transition and divorce [duplicate]

If a married woman undergoes gender reassignment surgery(warning: explicit language is used) and hormonal treatments to become a male how would a halachic divorce be performed? Would one even be ...
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59 views

Would a neighborhood of a city be identified in a Get?

A Get needs to contain the name of the city in which it was signed by its witnesses. What is the Halacha where there are neighborhoods? For example, does one write "London" or "Stamford Hill"? "...
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188 views

Question about using the same bed after divorce

Let's suppose a married couple have relations in a specific bed, then divorce and one of then (let's suppose the man), keeps the bed in his house after the divorce. Can that man have relations with ...
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Why for a divorce does a woman do many different actions, but doesn't do them for Kiddushin?

I've witnessed the giving of a get, and it has many steps (the below bulletpoints are adapted from here). For example: the woman accepts the folded get into her cupped hands grasping it. The woman ...
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151 views

Shiduch during divorce

Is there a halachic source that allows a man to start shiduch before giving the final Get? the couple doesn’t live together for months legal agreements all signed bet din file open and final get ...
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841 views

What is a “halachic annulment” of a marriage and when is it employed?

I’m stunned that this question wasn’t previously asked. The Gemara (Gittin 33a) discusses the concept of כל דמקדש אדעתא דרבנן מקדש - anyone who marries does so with the consent of the Rabbis. As ...
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Can a husband divorce his wife while maintaining financial relations with her?

The passuk (Devarim 24:1,3) describes a get as a ספר כריתות, a “book of separation.” To that end, Chazal derive that a get must completely separate between them. A classic example of this is that a ...
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155 views

Can you get a religious divorce without a civil one?

If a couple goes to a rabbi asking for a get, he will tell them to obtain a civil divorce first. I heard of a couple who wanted ONLY a religious divorce. The reason was that the husband had a ...
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168 views

Non-observant Jewish Couples Having Halachic Weddings

In a shiur, I learned that if secular or non-observant Jews have a halachically binding wedding, then if they separate and don't manage to perform a get (as a get may even seem irrelevant to them), ...
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343 views

Can a woman who commits adultery do teshuva and return to her husband?

Suppose a married woman goes her own way and leaves (but not divorces) her husband. She engages in sexual relationships with other men. But after a year, she realizes the error of her ways and does ...
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153 views

Why Shammai says that a man can only divorce his wife due to adultery?

Hillel and Shammai have different opinions: Hillel says you can divorce your wife for any reason. Shammai says you cannot divorce your wife for any reason. The only legitimate reason for divorce is ...
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330 views

Can a woman divorce her husband and then convert to Judaism?

What are the rules for a divorced woman to become Jewish. IE is it permitted, can a Jewish home be kept, and can the children still be considered members? Are there prohibitions for such a situation ...
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115 views

Orthodox Jewish Divorce Statistics

A Kohain may not marry a divorcee. (Vayikra 21:7) I am wondering if anyone ever did statistics of Orthodox Jews and divorce to see if there is a smaller percentage of Kohanim that get divorced ...
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145 views

Divorce by phone?

If a man calls his rabbi with instructions to give his wife a get, is the get valid? Does the husband have to appear in person before a bet din? On 9/11, I remember reading about a man who did ...
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118 views

Can a Shliach for receiving a get be מקדש the same woman with the service he is doing for her?

If a woman appoints a shliach (messenger) to receive her get for her, can the shliach be מקדש her with the service he is doing for her by receiving her get for her, and thus the moment he takes her ...
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1answer
111 views

Divorce and dina d'malchuta dina

For many centuries, in Christian lands (Italy in particular), divorce was outlawed. But Judaism allows divorce. Does anyone know what the Jews did in these countries, if they wanted to divorce? If ...
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Can a man purchase the wife off a husband?

Marriage in Judaism is technically a purchase of a woman with at least two witnesses. So, I was wondering if it's technically possible for man A to negotiate the purchase of the wife of man B (to then ...
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113 views

How should a man and a woman behave after their divorce?

Is there any advice, recommendation or requirement for a behaviour after a divorce? Specially when a man wants to take a second wife, and his first wife got married and divorced meanwhile.
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139 views

According to the halakhic prescriptions, under what circumstances a married couple of Gentiles is considered divorced? [closed]

I'm an Italian son of Noah. In the Italian legal system, as I believe in many other countries, in addition to divorce there is the legal separation between the spouses. According to the Italian law ...
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Before the Matan Torah, did HaShem issue divorce regulations?

I am an Italian son of Noah. The Torah (written and especially oral) establishes a detailed regulation of the divorce institute. According to Jewish tradition, before the Matan Torah were there ...
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298 views

Can a converted woman to Judaism divorce her Gentile husband and marry a Jew? [closed]

Shalom, Some time ago I converted to Judaism . I keep the Torah and do not practise pagan habits and holidays. My husband is still Christian. I am very unhappy in my marriage. My husband treats ...
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1answer
88 views

May coercion be used to facilitate halitzah?

From my understanding there are opinions that some form of coercion, such as public embarrassment, may be used to facilitate a recalcitrant husband giving his estranged agunah (bound) wife a get/...
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1answer
84 views

Parshas HaGet used as a Get?

Tosfos in מסכת גיטין (Tosfos 20A "אי''... Tosfos 24A "כל הגט") keeps on repeating the concept of using a Sefer Torah for גירושין... Tosfos uses phrases such as... "ספר תורה דלא איכתוב לשם גירושין ...
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2answers
154 views

Which Chachamim or great figures in our tradition got divorced? What is said about these marriages? [closed]

I have read that Abraham gave Hagar a divorce but the source was disreputable and I could not find a reputable one. The context here is that I am learning Iyov and thinking about the misfortunes that ...
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2answers
677 views

Does a sotah warning from a couples first marriage carry into their second marriage?

If a husband warns his wife not to be secluded with a certain man ("sotah warning") and subsequently divorces and remarries the same woman does the initial sotah warning carry over into the second ...
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139 views

Question on Rashi Gittin 90a and 90b

The mishnah in Gittin daf צ amud א (last daf) lists different positions rabbis hold about when a man can/should divorce his wife. Beit Shammai seems to be the most restrictive and says only if the ...
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68 views

Is G-d still present in a relationship continuing after a Get?

I would like to know that if after two Jews are divorced what is the relationship with G-d and their relationship. It is said that G-d is part of a marriage and continues to be. If the couple gets ...
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3answers
206 views

Injustice in Jewish Divorce Laws

In the unfortunate cases of an Aguna "chained woman", Mesurevet Get "get refuser", if the husband is mentally deranged or in a coma, the wife is stuck. There is no way of getting divorced by Jewish ...
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The Wife's divorce rights in Jewish Law [duplicate]

Halacha dictates that a man must hand the Get out of free will to his wife for a divorce to take effect. If the man is mentally unstable, in a full time coma, a sadistic individual or his ...
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1answer
1k views

Why divorcing your first wife should be done only in extreme cases?

I've read somewhere in Jewish Tradition that it is generally not recommended to divorce your first wife, unless of'course she commits something serious, like adultery. I've read that our sages taught ...
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1answer
538 views

If a woman who wants a divorce destroys her ketubah is she somehow forcing her husband's hand?

Not a practical question! I'm reading a parable (from haza"l) that I don't understand. If a woman wanted to get out of a marriage because she committed adultery and the choice was between divorce or ...
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2answers
276 views

Can a wife demand a divorce from an abusive husband

I was reading http://m.chabad.org/library/article_cdo/aid/560111/jewish/The-Wifes-Grounds-for-Divorce.htm And I saw The husband who hits his wife, curses her, ridicules her, insults her, or ...
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1answer
491 views

Can a wife demand a divorce from a cheating husband

I was reading http://m.chabad.org/library/article_cdo/aid/560111/jewish/The-Wifes-Grounds-for-Divorce.htm And I saw A woman may demand a divorce from her husband, if he has been found to be ...
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Intercourse with your ex-wife after giving the get

A man gave his wife a get. He then soon afterwards engaged in sexual intercourse with her. Would he be required to give another get? Possible reasons are that either the intercourse that took place ...
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1answer
150 views

Who is a bad wife? (that you are obligated to divorce?)

Shulchan Aruch Even HaEzer 119.4 said that there's is a Mitzva to divorce one's bad wife. אִשָּׁה רָעָה (ה) בְּדֵעוֹתֶיהָ, וְשֶׁאֵינָהּ צְנוּעָה כִּבְנוֹת יִשְׂרָאֵל הַכְּשֵׁרוֹת, מִצְוָה ...
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Does a woman goes back to be sefaradi after divorcing from a ashkenazi husband? [duplicate]

So, my parents just got divorced. My mother was Sefaradi when single and my father is Ashkenazi. When my mother married my father she adopted all ashkenazi customs, including not eating kitniot on ...
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3answers
171 views

The Rambam on a forced get

The famous Rambam(Hilchos Geirushin 2:20) where he writes that if a man is required to divorce his wife (which were enumerated in Hilchos Ishus) and he doesn't want to divorce her ,beis din can force ...
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2answers
138 views

On what grounds is a divorce ok, any? [closed]

On what grounds is a divorce ok, any? Divorce is complicated and Hashem has a plan with the marriage between a man and a woman.
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5answers
4k views

Why can't a woman demand a divorce?

The halacha as I understand it is that only the man can take the final decision on divorce. I hear there are workarounds, but conceptually - why is that so? Why can't a woman decide by herself to ...
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3answers
226 views

Should a get be sought from the Movement that did the wedding?

In a situation where both spouses live in the USA and want to dissolve a Jewish marriage with a Get (i.e, a document of divorce), what are the advantages and disadvantages of going to a beit din from ...
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109 views

What are the practicalities of getting a Get nowadays?

In a situation where both spouses live in the USA and want to dissolve a Jewish marriage with a Get, what are the practical steps and considerations. For example: Is there a need to appear before ...