Questions tagged [divorce]
The divorce procedure, the "get," and concepts, questions, and laws relating to divorce in Jewish law.
156
questions
1
vote
1
answer
83
views
Sharing a home with divorced spouse
Is it ok for a divorced couple to temporarily (on vacation for example) share a home, not alone but with grown children?
- 11
3
votes
1
answer
58
views
What does halacha say about the timing and conditions of the Jewish divorce ceremony?
According to halacha, what conditions need to exist before a husband can give his wife a gett (Jewish divorce), or before a wife can accept a gett from her husband?
In the letter below from Rabbi ...
- 31
2
votes
0
answers
79
views
Gerusha who marries a Kohen
I’m currently learning the Halachos of Aveilus with a Chavrusah and we discussed the following question if a gerusha who marries a Kohen and he dies, does she sit shiva and observe the mourning period ...
- 1,826
3
votes
0
answers
44
views
Chiddushei Rav Chaim Halevi Hilkhot Gerushin 6:9
Below is a section from Chiddushei Rav Chaim. In the last paragraph, Rav Chaim gives an answer to his initial question as to why Rambam connected the reason why a קטנה cannot appoint a שליח לקבלה to ...
- 31
0
votes
0
answers
90
views
Sexual Relations with a married woman that's asur to her husband
Is it ok for a man to have relations with a married woman who's already been unfaithful to her husband?
Is there still an isur kareth?
Or since she's already prohibited from being with her husband and ...
- 11
1
vote
0
answers
67
views
Can a kohen have a child by IVF with a divorce. What is the status of the child?
Is there any workaround avialable for thousands of kohanim who want to have children but are older singles and can't get married because of the high percentage of divorcees in the female population ...
2
votes
2
answers
107
views
Is it true that after gets are given they are burned/destroyed?
I've heard this from several people, but could not find a source.
0
votes
1
answer
90
views
What are some criteria that would allow a spouse to file for divorce in secular court?
Halachically, from my understanding, a spouse cannot file for divorce in a secular court without permission from Bais Din.
Are there any specific reasons spelled out, besides explicit permission from ...
- 11
3
votes
0
answers
102
views
Three yods in a Get
https://www.sefaria.org/Gittin.85b.12?lang=bi&with=all&lang2=en. The gemara says that there are two words in a get (Jewish divorce document) that should be written with three consecutive yods: ...
- 2,997
2
votes
0
answers
79
views
For wartime conditional Gett, what's the status of intermediary adultery?
I'm trying to understand the Halachah of David's story with Bat Sheva, relying on the idea of "conditional Gett".
a soldier writes a conditional Gett, which states that if he eventually ...
- 25.3k
2
votes
2
answers
124
views
Writing a divorce GET on sand
If a divorce GET (document) is written on loose sand in a box and delivered to the woman, is this a kosher GET and valid divorce?
The writing would hold in the sand, though if the box holding the sand ...
- 484
2
votes
1
answer
97
views
Giving a divorce (get) written on a tablet screen
Can a person divorce his wife by giving her a get written on a tablet screen?
- 484
3
votes
1
answer
115
views
Conditional divorce and the ketubah
According to Mishna 7:5 of Masechet Gittin, if a man gives a woman a divorce on condition that she give him 200 zuz, she is divorced and must give it to him. But this seems to make the ketubah useless ...
- 2,425
4
votes
0
answers
89
views
Why is the law not enforced, that a couple must divorce if they have no children after ten years? [duplicate]
Jewish law says that if a couple has no children after ten years of marriage, and the man is not allowed to take a second wife, they must get a divorce so the man can remarry and try again to fulfill ...
- 18.5k
3
votes
3
answers
495
views
Divorce and Mizbeach
The gemara in Gittin 90b has a memoir that says if a man divorces one's wife the mizbeach, the altar, cries over this. Why and how is the mizbeach connected to marriage and the separation of man and ...
- 662
1
vote
1
answer
89
views
If a Gett is given on condition the husband does not return what is considered "returning"?
Apologies if this is answered simply elsewhere -- I haven't studied the laws of Gittin, but this question doesn't seem to be addressed in the connected mishna in Gittin 76a.
In Ketuvot, 2b, the text ...
- 37.2k
1
vote
0
answers
175
views
Does Yeshu’s teaching on divorce qualify the Notzri as a false prophet according to the Halakhah? [closed]
I’m an Italian Noahide.
With regard to the false prophet, this is what Rambam says:
Mishneh Torah-Yesodei haTorah 9:1
It is clear and explicit in the Torah that it is [God's] commandment,
...
- 2,476
3
votes
1
answer
169
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 ...
7
votes
1
answer
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?
- 359
1
vote
0
answers
65
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 ...
- 1,777
2
votes
1
answer
63
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 ...
- 39.8k
3
votes
1
answer
275
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 ...
- 11.9k
14
votes
2
answers
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 ...
- 12.9k
6
votes
2
answers
2k
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?
- 109
1
vote
0
answers
98
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.
- 109
1
vote
0
answers
28
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 an ...
- 11.9k
1
vote
1
answer
132
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 ...
- 18.9k
1
vote
2
answers
657
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 ...
- 11.9k
4
votes
1
answer
626
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 ...
- 11.9k
3
votes
1
answer
137
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 ...
- 2,960
3
votes
1
answer
97
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 ...
- 11.9k
3
votes
1
answer
113
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 ...
- 39
4
votes
1
answer
113
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 ...
- 11.9k
0
votes
0
answers
49
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 ...
- 12.9k
4
votes
2
answers
86
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"? "...
- 40.1k
6
votes
1
answer
302
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 ...
- 553
5
votes
2
answers
126
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 ...
- 11.9k
5
votes
2
answers
273
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 ...
- 75
10
votes
1
answer
1k
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 ...
- 33.8k
1
vote
2
answers
123
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 ...
- 33.8k
8
votes
2
answers
311
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 ...
- 18.5k
11
votes
2
answers
281
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), ...
- 129
6
votes
1
answer
997
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 ...
2
votes
1
answer
450
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 ...
- 179
3
votes
1
answer
852
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 ...
- 61
5
votes
0
answers
160
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 ...
- 138k
6
votes
3
answers
184
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 ...
- 18.5k
11
votes
2
answers
164
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 ...
- 6,859
2
votes
1
answer
146
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 ...
- 18.5k
-4
votes
1
answer
120
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 ...
- 227