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 ...
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 ...
19
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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 ...
16
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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 ...
15
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4answers
618 views

Does anyone in Tanach ever get divorced?

Does anyone in Tanach ever get divorced? Not merely separated but fully divorced.
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 ...
15
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4answers
854 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 ...
15
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1answer
414 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",...
13
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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 ...
13
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1answer
464 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'...
13
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1answer
465 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 ...
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 ...
11
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2answers
169 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), ...
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?
10
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2answers
359 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?
10
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2answers
223 views

Source for the Text of the Get (bill of divorce)

Where does the exact text come from? Is there a particular Rishon who writes it in full? The Talmud in Gittin discusses the text at length, but I don't think it lays down the exact text. I've seen the ...
10
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1answer
843 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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1answer
393 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 ...
10
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1answer
544 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 ...
10
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1answer
376 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 ...
10
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2answers
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 ...
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 ...
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 ...
8
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2answers
384 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 ...
8
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1answer
627 views

Can you remarry someone you have divorced in the past?

If Mr. X married Ms. Y and they got divorced and have a Get, and Mr. X continued to marry Ms. Z and is now asking her for a Get in order to re marry Ms. Y. Is that permitted?
7
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2answers
938 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 ...
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 ...
7
votes
1answer
901 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 ...
7
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2answers
156 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 ...
7
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2answers
405 views

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 ...
6
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3answers
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 ...
6
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1answer
249 views

Chalitzah signifigance

What is Chalitzah Signifigance? What does it accomplish, and why is it done?
6
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1answer
346 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 ...
6
votes
1answer
803 views

Are there any recent statistics showing the “marriage longevity” rate for shidduch arranged marriages?

There has been a "local" campaign in my neighborhood, recently, suggesting that young singles should only use shidduchim (matchmakers) when seeking to become married. Part of the "ad" campaign ...
6
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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/...
6
votes
1answer
337 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 ...
6
votes
1answer
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 ...
6
votes
1answer
138 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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2answers
394 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
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 ...
6
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0answers
51 views

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 ...
5
votes
1answer
423 views

Does a Jew need to obtain a get if his ex-wife is not Jewish?

A Jewish man marries a non-Jewish woman in a Jewish ceremony, with a ketubah, under the supervision of a non-orthodox rabbi. Later on, the couple obtains a civil divorce. May the Jewish man now ...
5
votes
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 ...
5
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1answer
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 ...
5
votes
1answer
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.
5
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1answer
110 views

Is there dancing at a divorcee's wedding

When a divorcee gets remarried, is there dancing at the wedding or is this prohibited?
5
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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 ...
5
votes
2answers
1k views

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 ...
5
votes
1answer
91 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
votes
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 ...