Questions tagged [divorce]

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

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24
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5answers
2k views

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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4answers
2k views

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 ...
21
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2answers
2k views

What happens to the family of a Kohen today if his wife is a victim of rape?

What happens to the family of a Kohen today if his wife is a victim of rape? What are the steps taken and how does this come to be resolved according to halachah and in the most constructive way for ...
15
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3answers
8k views

Why do divorced or widowed women still need to cover their hair?

I was recently reading the latest edition of Halachically Speaking. It says: A woman who is a widow r”l or divorcee still has an obligation to cover her hair. But why is this so? Why should they ...
10
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3answers
1k views

Moshe's divorcing Tzipora

Moshe refrained from marital relations with Tzipora for almost forty years, so as to be able to receive prophecy at any moment (Shabas 87:1). 1. Did he divorce her? 2. If not, why not?
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4answers
867 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 ...
12
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3answers
1k views

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 ...
10
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1answer
405 views

Why only 100 zuz to a widow/divorcee?

In a Ketubah, the Rabbis instituted that a man should obligate himself to pay his wife, should he chose to divorce her (or he dies). If she had never been married before, he obligates himself to pay ...
8
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2answers
392 views

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 ...
0
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2answers
361 views

How could David lie with Bat Sheva if she had a Safek Get?

Tosafos version of Rashi in the Gemara 9b implies that there was a get on condition that Uria (Bat shevas husband) wont come back. So if David didn't know if Uria would come back or not how could he ...
4
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1answer
336 views

How exactly can a get be forced

Under what rules can a get be forced and still be kosher? There seems to be contradiction. On the one hand, a get 'meusa' is posul; on the other hand, bais din can force him.
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1answer
887 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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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 ...
14
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3answers
3k views

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 ...
15
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1answer
423 views

How does the kohein gadol's substitute wife work?

The first mishna of Yoma1 explains that before Yom Kippur, a substitute wife is prepared for the kohein gadol lest his wife die -- because the torah says he makes atonement for himself and "his house",...
10
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1answer
866 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 ...
10
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2answers
361 views

Not to give a divorce (Get) in the month of Iyar

I heard today in Shul that there is a Minhag not to give a divorce in the month of Iyar. What is the source and reason for this Minhag?
7
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2answers
948 views

What is a Get Zikui and in what cases has it been used?

The Safed Rabbinical Court recently gave a woman a "get zikui" to permit her to receive a divorce from her husband who has been in a coma for seven years. See this article. The article describes it ...
6
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2answers
397 views

Would looking away help a Cohen stay Married to his wife?

I read recently about a Jewish woman raped in France at home in front of her husband. If Chas VeChalilah a wife of a Cohen is raped, they have to get divorced. Would it be advisable for an ...
6
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1answer
139 views

Why did people date divorce documents according to the Greeks?

According to this article on Jewish Encyclopedia, the conventional Jewish system of dating documents in the Middle Ages (a system called "מנין שטרות") was related to the accession of Seleucus I, the ...
6
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1answer
93 views

What “malchus” exists today in America?

The Gemara (Gittin 79b-80a) says that we need to write the date of the malchus (kindgom) of the place where a get (bill of divorce) was written, on the get, for שלום מלכות (so that we don't upset the ...
5
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0answers
223 views

Should I be giving a get to my girlfriends after a breakup? [duplicate]

I have some knowledge of Jewish law, but it seems ambiguous to me in some areas, either because there are differing opinions, or no one has really explained to me the reasons for the opinions to be ...
10
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1answer
379 views

What customs does a divorced/widowed woman follow? (Ashkenazi/Sfardi — hers or her ex-husband's?)

When a woman gets married, she takes on her husband's customs. Thus, an Ashkenazi woman marrying a Sfardi man gets to eat rice on Pesach (and vice versa). But what happens if she gets divorced, or if ...
8
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1answer
915 views

How do those rabbis opposed to the RCA (“Rabbi Willig's”) prenup feel about the Nachlas Shiva document?

Many American rabbis will refuse to perform a wedding unless the couple has a specialized prenup regarding halachic divorce. This is known as "The RCA prenup" or "Rabbi Willig's prenup." From what I ...
4
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2answers
226 views

Why bother with forcing the Get?

According to the discussion here as elaborated in the link, a forced Get as a Halachic matter (the opinion paskened in Shulchan Aruch), is simply that the Chachamim retroactively revoke the Kiddushin. ...
3
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1answer
505 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 ...
2
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3answers
209 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 ...
13
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1answer
468 views

Does someone who dies very young have a soulmate?

As discussed in this question, the Talmud tells us that 40 days before someone is born, a heavenly voice calls out "This person is destined for so-and-so". Not sure if anyone can answer this, but I'...
8
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3answers
1k views

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 ...
10
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1answer
551 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 ...
6
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1answer
344 views

Name of adoptive father in the Ketubah

I know that an adoptive parents is considered as a real parent. But normally the adoptive parents raises the child from a very young age, in this case it is different. A Jewish father bring up his son ...
7
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2answers
168 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 ...
5
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1answer
111 views

Is there dancing at a divorcee's wedding

When a divorcee gets remarried, is there dancing at the wedding or is this prohibited?
15
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4answers
619 views

Does anyone in Tanach ever get divorced?

Does anyone in Tanach ever get divorced? Not merely separated but fully divorced.
13
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2answers
2k views

(Why) May a Beit Din refuse to bury a body in order to coerce a man into giving a divorce?

I read recently of a case where a Rabbi (I assume as head of a Beit Din) instructed a Jewish burial society not to bury the body of a woman who is the mother of a man who refuses to give his wife a ...
9
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1answer
135 views

Is there any current rav or authority that issues conditional gittin?

I understand that King David would ask his warriors to give a conditional get (divorcec) to their wives prior to leaving for war. This way, if the wives did not hear about their husbands after the war ...
7
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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 ...
6
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1answer
1k views

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 ...
5
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2answers
1k views

May a man marry the women with whom he committed adultery?

A single man commits adultery with a married woman. Later the woman divorces her husband, and wishes to marry the single man with whom she had the meretricious relationship. Is this allowed?
4
votes
1answer
219 views

Why is it often Claimed a Forced Get is Invalid?

I've read that part of the problem of agunot ( women who are refused a divorce ) is that if we force the man to give a get then the get is invalidated, and thus Beitai Din in Israel refrain from using ...
4
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1answer
179 views

g'mara about David's conception

Where's the g'mara about Yishay's divorce (or was it separation?) and David's conception, please?
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2answers
286 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 ...
2
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2answers
394 views

Should retroactive divorce (a la David & Batsheva) be reinstituted?

Almost all the commentaries on David and Batsheva's seeming indiscretion follow Rashi who points out during that time a retroactive divorce was given upon the husband leaving for war, therefore ...
2
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1answer
514 views

Are civil divorces not recognized by Orthodox rabbis?

A Jewish couple gets a civil divorce. The wife remarries, and has children with her new spouse. Are the children of this second marriage, which was performed without a get having been issue, ...
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0answers
261 views

Names in kesuba and gittin

The name a person is given at birth has no real relevance, it all depends on what he is called at the moment. One can change ones name as often as one likes (but not one's fathers). Today when women ...
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2answers
90 views

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 ...
0
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3answers
584 views

Does G-d want intermarried couples to divorce?

Does G-d want intermarried couples to divorce? I don't want to provide too much explanation, but rather leave it open-ended. I will ask those who post answers to consider a broad range of cases, ...
0
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2answers
354 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 ...
0
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1answer
154 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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1answer
249 views

Can a כהן marry a גרושה בתולה under 3

A cohen may not marry a woman who was divorced (Leviticus 21:7). So too in a case where a woman got married then got divorced but never had relations. However what about a case where a woman got ...