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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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5
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1answer
146 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.
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1answer
113 views

Is there dancing at a divorcee's wedding

When a divorcee gets remarried, is there dancing at the wedding or is this prohibited?
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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 ...
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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 ...
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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 ...
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2answers
168 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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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 ...
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232 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 ...
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91 views

A rebellious spouse in Beis Din today

The Rambam describes how to handle a case where a couple is divorcing and one spouse claims the other is rebellious (refusing marital relations) and the other is insisting that this is not the case (...
4
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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 ...
4
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2answers
232 views

Retroactive Get to prevent mamzerut?

If while a married couple are divorcing but before the husband has given a get at the Beit Din, the woman gets pregnant from a new boyfriend, can a get be given retroactively? Would it help that the ...
4
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1answer
558 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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2answers
228 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. ...
4
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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"? "...
4
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1answer
343 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.
4
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1answer
225 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 ...
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2answers
548 views

If a woman converts, marries, and divorces — how is she identified in her next ketubah?

If a woman converts, marries, and divorces -- how is she identified in her next ketubah? Matrachta (divorcee) or Giyorta (convert-ess)? Does it matter? Is there a convention which term is used for her?...
4
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1answer
476 views

Does Judaism have a default rule about child custody in the case of divorce?

In many marriages in modern times, a couple will sign a prenuptial agreement that outlines what should happen if they (chas v'shalom) get divorced. Among the things commonly agreed upon in a ...
4
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1answer
180 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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3answers
1k views

What does the Bible say about a father walking his daughter down the aisle at her wedding?

I believe a father's walking his daughter down the aisle at her wedding came about as a Jewish tradition. If so, why is this done and what does it symbolize? Is it a biblical tradition? What is the ...
3
votes
1answer
380 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 ...
3
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2answers
173 views

How should an aguna go about seeking a Gett?

If a woman is civilly divorced from her husband and needs her get, what resources are available to her? I am completely out of my depth here. I would really appreciate this spelled out to me in plain ...
3
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2answers
1k views

What do you do with a ketubah document following a divorce?

What is the preferred handling of a ketubah following a divorce? It seems wrong to just throw it away. Should it be buried? Is it permissible to burn it?
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2answers
331 views

What Chasam Sofer writes in regards to a Kohen Gadol marrying a Basuleh

The Chasam Sofer in Toras Moshe Parsha Emor writes the following: A cohen should marry a basuleh (virgin). The Ramabm counts this as a Mitzvas aseh (positive commandment). However one could have ...
3
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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 ...
3
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1answer
195 views

Why didn't Yaakov divorce Leah?

It would appear that Yaakov did not intend to marry Leah. If so, why did he simply not divorce her either immediately after the wedding, or at any later point? Related: 1, 2
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242 views

Requirments for the Document of a Jewish divorce and its messenger

Does a "get" (Jewish divorce document) need to be written on a Klaf (parchment)? And what are the halachic requirements to be a shaliach (agent) for a "get"? May a man send a woman as his shaliach (...
3
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1answer
113 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 ...
3
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2answers
293 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 ...
3
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1answer
522 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 ...
3
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1answer
143 views

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 ...
3
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1answer
607 views

If a woman who wants a divorce destroys her ketubah is she somehow forcing her husband's hand?

Not a practical question! I'm reading a parable (from haza"l) that I don't understand. If a woman wanted to get out of a marriage because she committed adultery and the choice was between divorce or ...
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 ...
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 ...
3
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1answer
72 views

How long is לאלתר?

In the mishna on Gitin 27a, the rule is that if someone delivers a get (bill of divorce) from another country, loses it, and finds it again, should not deliver it to the woman unless he either finds ...
3
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1answer
189 views

Kohain marrying divorcee

Can A Kohain marry a woman who had a reform/conservative rabbi officiate her wedding.. but she was divorced by an orthodox rabbi. Thank you so much in advance
3
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2answers
98 views

Get proves gerus?

Can a get (bill of divorce) suffice as evidence of proper gerus (conversion), assuming one was born a non-Jew? If so, under what circumstances? For the man or for the woman (or both)?
3
votes
1answer
230 views

Pregnant and not recommended to get a get

I recently heard of a case where a couple were planning on getting divorced: the wife was pregnant and they were given a psak (via the Beth Din) that the husband can not give her a get until the baby ...
3
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1answer
82 views

Is there a tikkun to say/do when your relationship is in danger?

Has anyone come across a tikkun for a spouse during a separation?
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0answers
48 views

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 ...
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 ...
2
votes
1answer
206 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 ...
2
votes
1answer
516 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, ...
2
votes
2answers
446 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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2answers
163 views

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 ...
2
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3answers
215 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 ...
2
votes
1answer
106 views

Do any poskim recommend giving a conditional divorce?

For someone who married without a halachic pre-nuptual agreement, are there any halachic authorities who recommend giving a conditional get (bill of divorce) which stipulates that it would go into ...
2
votes
3answers
235 views

Should a get be sought from the Movement that did the wedding?

In a situation where both spouses live in the USA and want to dissolve a Jewish marriage with a Get (i.e, a document of divorce), what are the advantages and disadvantages of going to a beit din from ...
2
votes
1answer
269 views

Do those who do become religious after a divorce need to cover their hair (women) or wear a tallis (men)?

A reason that I propose for why divorced women continue to cover their hair and divorced men continue to wear a tallis (a phenomenon whose existence I vouch for) is that taking on a mitzvah (with the ...
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 ...