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Questions tagged [divorce]

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

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3
votes
1answer
109 views

Delivering a Get when the wife is far away

During a divorce proceeding, should the husband's wife ideally be given the Gett in person, even if she lives ~3000 miles away? (The divorce is consented by both parties and they are relatively ...
6
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1answer
3k views

Divorced woman remarrying her ex-husband

May a woman, who after receiving a get from her husband has relations with another man out of wedlock, remarry her husband?
1
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0answers
52 views

Divorce Agreements and Get Meusa (divorce given under duress)

Today it happens (and my impression is that it is rather common) for a divorcing couple to write a civil divorce agreement with all the conditions of their divorce, and this agreement will contain a ...
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 ...
2
votes
1answer
39 views

Non-Jewish court imposing payments until a Jewish divorce is given

This recent news article discusses a Jewish man who was ordered by a non-Jewish court to pay maintenance to his wife until he grants her a get (Jewish divorce document). The man claimed in court that ...
3
votes
1answer
258 views

If a condition to bury someone's body wasn't upheld, is one allowed to exhume the body?

A follow up to this recent question "(Why) May a Beit Din refuse to bury a body in order to coerce a man into giving a divorce?" where a Jewish burial society was instructed to not bury the body of a ...
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?
1
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0answers
72 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.
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 ...
1
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0answers
21 views

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 ...
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 ...
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 ...
1
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1answer
62 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 ...
1
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1answer
143 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 ...
5
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1answer
118 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.
1
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2answers
129 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 ...
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 ...
3
votes
1answer
72 views

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 ...
4
votes
1answer
556 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 ...
10
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1answer
561 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 ...
3
votes
1answer
52 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 ...
0
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2answers
358 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 ...
7
votes
2answers
423 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 ...
1
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2answers
408 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
votes
1answer
90 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
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 ...
4
votes
1answer
65 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 ...
12
votes
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 ...
4
votes
2answers
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"? "...
0
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0answers
40 views

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 ...
6
votes
1answer
227 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
2answers
105 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
167 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 ...
1
vote
1answer
897 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 ...
10
votes
1answer
882 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 ...
1
vote
2answers
93 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 ...
7
votes
2answers
179 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 ...
6
votes
1answer
467 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 ...
14
votes
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 ...
11
votes
2answers
180 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), ...
8
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2answers
400 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 ...
10
votes
2answers
122 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 ...
2
votes
1answer
204 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 ...
3
votes
1answer
377 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 ...
5
votes
0answers
132 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 ...
2
votes
1answer
114 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 ...
6
votes
3answers
153 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 ...
16
votes
4answers
622 views

Does anyone in Tanach ever get divorced?

Does anyone in Tanach ever get divorced? Not merely separated but fully divorced.
-4
votes
1answer
110 views

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 ...
13
votes
1answer
469 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 ...