Questions tagged [divorce]

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

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Would a baalat teshuva need a get from each previous sexual relationship?

Would a baalat teshuva need a get from each previous sexual relationship? In light of the idea that marriage can be contracted solely through bi'ah/public knowledge of the couple's relationship (as ...
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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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Must a couple get divorced if they have no children after 10 years?

I recall learning, but am unsure of the source, that a couple who has been married for 10 years but has no children either should get divorced. What is the source and reason for this? Is it an ...
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Reasons for divorcing a woman (sourcing a chiddush)

The Mishna in Gittin 9:10 provides a few different interpretations of ערות דבר (Deuteronomy 24:1). While the school of Shammai hold that for a man to divorce his wife he needs to find significant ...
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1answer
51 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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1answer
136 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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1answer
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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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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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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
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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
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
542 views

What were the marriage rights of the temporary wives of Rav and Rav Nachman?

According to the gemaras at Yoma 18b and Yevamos 37b, Rav and Rav Nachman (and presumably other chachamin) would send representatives to cities a week before the rebbe intended to visit to find the ...
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1answer
49 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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2answers
344 views

Is it permitted to have an abortion if divorce if imminent?

I know that abortion is permissible if physical health of the mother could be compromised, but what about the emotional health of the mother (or the father for that matter) - if a couple sees divorce ...
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Kiddushin 'Al Tnai and the effect of Nissuin

I just read a comment online asking, in a particular 'Agunah situation, why there was not an agreement before the wedding to allow a rabbinical court to a annul the marriage. Is this a legitimate ...
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2answers
344 views

Not to marry a divorcée

I remember hearing in a daf yomo shiur (and I want to find where is it written) something similar to this: it is preferable not to marry a divorced woman (if her ex-husband is still alive) because it ...
3
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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 ...
5
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1answer
83 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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1answer
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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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Can a man who has undergone sex change give his wife a Get?

If a married Jewish man undergoes the hormonal and surgical procedure of sex change, and "he's become a woman". Would he still have the Halachic status of a man, at least relating to his marital ...
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2answers
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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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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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1answer
185 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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2answers
102 views

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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2answers
149 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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1answer
880 views

What problems are faced by children born out of wedlock?

I was previously under the impression that, since a man may acquire a woman with sexual intercourse (cf: Mishna, Qiddushin 1:1), if a couple have a son but no ketubah, the child still inherits his ...
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1answer
835 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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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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1answer
332 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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3answers
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If a woman cannot have children, can she marry?

I've been doing some research, and I found a lot of references to the rule that if a marriage lasts 10 years and does not produce any children, the couple must divorce and remarry in a new attempt to ...
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2answers
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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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How to fix Mamzeirim

There is a Gemara in Kesuvos (2b–3a) where it says that if someone divorced someone on condition and then didn't fulfill the condition, the woman doesn't become divorced, she becomes un-married ...
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2answers
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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
151 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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1answer
319 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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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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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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3answers
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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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4answers
616 views

Does anyone in Tanach ever get divorced?

Does anyone in Tanach ever get divorced? Not merely separated but fully divorced.
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1answer
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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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1answer
464 views

Sheva Brachos when getting divorced

If for whatever reason it was decided that a couple would get married then right away get divorced after the week of Sheva Brachos (believe it or not this happens!) Can they indeed still make Sheva ...
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4answers
852 views

Marital Prenups

In 1993 Rabbi Mordechai Willig, a Rosh Yeshiva at YU and a member of the Beth Din of America, drafted a prenup for use at Jewish weddings to avoid future Aguna/Mesorevet Get problems. The agreement ...
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Understanding the story of Rabba and Rav Zeira

The Gemarah (Megillah 7b)describes how Rabba and Rav Zeira celebrated Purim together. While intoxicated Rabba kills (slaughters) Rav Zeira. The next day he resurrects him. The next year Rabba invites ...
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1answer
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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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0answers
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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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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
295 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
86 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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2answers
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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 ...