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25

Didn't Moshe Rabbeinu get divorced from Zipporah? See Rashi Bamidar 12:1, על אודות האשה: על אדות גירושיה. Sounds like he divorced her. I don't think this shittah is universal though. Still looking for more sources. Tosafos in Yevomos 62:a dichsiv says that possibly he wrote her a Get. Pirkei d’Rabbi Eliezer (chapter 30) brings down the following story that ...


20

The only divorce I can find in Tanach al pi peshat is Avraham's divorcing Hagar. The verse (Genesis 21:10) says: גָּרֵשׁ הָאָמָה הַזֹּאת, וְאֶת-בְּנָהּ Cast out this bondwoman and her son. The word used is גרש which is the word used for divorce generally in Tanach (eg. Leviticus 22:13) and it seems to be the peshat here because we never hear of Hagar ...


19

Ben Ish Chai identifies two understandings of this aggada: (1) It's literal interpretation in which Rabba actually slaughters R' Zeira, and (2) the "explanation of the kabbalists", in which Rabba and R' Zeira were discussing esoteric secrets of the Torah, and Rabba's soul in some way triumphed over his R' Zeira's, in some sense "unraveling" his soul. (Don't ...


19

In this particular case R. Lau was upholding the UOR’s ruling. The latter’s ruling (viewable here) was based on Rema (EH 154:21), citing earlier authorities, who permits to withhold any aid to a “sarvan” (one refusing to grant a get) including circumcising or burying his children. Upon this precedent the UOR ruled that preventing the mother’s burial is ...


18

According to Even HoEzer 26:1 there is no need for a divorce when the relationship was not for the purpose of marriage.


18

There are, of course, a lot of explanations about what happened here and what this story means. Shaloh (Torah Shebichsav, Tetzaveh) states that Rabbah brought R. Zeira to a level of Divine understanding, and with that divestment from his physical body, beyond his capabilities. As for the term "slaughtered" (שחיטה), he compares it to the phrase וישחטם במדבר ...


15

The Rama (EH 1:3) writes that nowadays we are not accustomed to force people to get divorced over this issue. The Bet Shemuel (1:7) there adds that in such a case the husband may divorce his wife against her will if he chooses to, without worrying about the Cherem of Rabbeinu Gershom.


15

As I understand it, if a Kohen is certain that his wife was violated by another man, their union is now prohibited and a divorce would be needed. A kohen is prohibited from being married to an isha zonah, which the Talmud defines as a woman who has had relations with any man -- regardless of her choice in the matter! -- other than her husband, with the ...


15

Rama writes, when discussing how to spell the various Hebrew months in a Get (Shulchan Aruch EH 126:7): אייר, בשני יודי"ן; ואם כתב בחד יו"ד, פסול, אם לא בשעת הדחק. ויש נמנעין ליתן גט באייר, אך במקום הדחק נותנין וכותבין בב' יודי"ן.‏ Iyar is spelled with two Yuds. If one wrote it with one Yud, it is invalid except in pressing circumstances. Some ...


14

Presumably standard practice is that once a woman begins treating her hair as erva, she should continue doing so. (I believe I've heard this from Rabbis Broyde or Willig.) Rabbi Moshe Feinstein does write that hair-covering while married is dat moshe, but hair-covering afterwards is dat yehudit. There is a great deal of discussion over what those terms mean,...


14

The woman can ask but the torah specifies that the man must write (order the writing of) the divorce document and deliver it to her. There are cases in which the court can order the man to write the get, but he must be the one to write it (or order it written) and it must be of his own free will. This is similar to the rules of getting married in which the ...


14

No. See Mishnah Sotah, 5:1: כְּשֵׁם שֶׁאֲסוּרָה לַבַּעַל, כָּךְ אֲסוּרָה לַבּוֹעֵל, שֶׁנֶּאֱמַר (שם) נִטְמְאָה, וְנִטְמָאָה, דִּבְרֵי רַבִּי עֲקִיבָא. אָמַר רַבִּי יְהוֹשֻׁעַ, כָּךְ הָיָה דוֹרֵשׁ זְכַרְיָה בֶן הַקַּצָּב. רַבִּי אוֹמֵר, שְׁנֵי פְעָמִים הָאֲמוּרִים בַּפָּרָשָׁה אִם נִטְמְאָה נִטְמָאָה, אֶחָד לַבַּעַל וְאֶחָד לַבּוֹעֵל: Just as [the ...


13

The last Lubavicher Rebbe, the Chazon Ish, and Rabbi Shmuel Auerbach (to name just a few prominent Rabbis who were never blessed woth children) did not divorce their wives, as we have not forced divorces after ten years, at least for half a millennium. I am not sure what the reasoning was for the change – if there ever was a change. It may be that rule has ...


12

A non-Jew is in the category of Ein Kiddushin Tofsin Bam (marriage does not 'catch' them). (Mishna Kiddushin 3:12, ShA EH 44:8) Thus there was not and cannot be a marriage between a Jew and a non-Jew, and giving a Get would serve no purpose as there is no marriage to sever.


11

The current answers don't address the question in detail. So here goes: What is the source and reason for this? The source is the Mishna in Yevamos 64a and the subsequent discussion in the Talmud there. The reason is that the man is commanded to have children, and after 10 years with no pregnancy, he needs to do something else to fulfill the Mitzvah. It ...


11

It is important to note that the husband must "believe" his wife in order for them to need a divorce. There is a very pertinent teshuva from R' Moshe Feinstein (אגרות משה אה"ע א' סימן כ"ד) in which he writes that the criteria for "belief" is different from what one may imagine. In essence, according to him, even if a husband says he believes his wife, we ...


11

According to the majority of poskim, he is a man despite whatever surgery he had and he would certainly be allowed to give his wife a get. According to the minority view of the Tzitz Eliezer, he would not have to give his wife a get, because the marriage dissolved when he "became a woman." He obviously does not meet the qualifications for a Shoteh. See R. ...


11

Divorcing one's first wife is viewed as a particularly sad event. Gittin 90b says that "even the Mizbeach sheds tears" when that happens. The rest of the Gemara there is probably what you heard referenced. The Shulchan Arukh writes (EH 119:3): לֹא יְגָרֵשׁ אָדָם אִשְׁתּוֹ רִאשׁוֹנָה, אֶלָּא אִם כֵּן מָצָא בָּהּ עֶרְוַת דָּבָר. וְאֵין רָאוּי לוֹ לְמַהֵר ...


11

1. Where does the principle of halachic marriage annulment (afka'inhu) apply? There are five Talmudic cases where this principle is invoked: A man betrothed (eirusin) a minor (rabinically) and was attempting to finalize the marriage (nissuin) once she reached majority. Before he did so, a second man seized her, and seemingly betrothed her on a biblical ...


10

NO. Rabbi Isaac Herczog discussed the concept, and rejected it. (Rabbi Hershel Schachter has discussed this in several lectures.) "Zikui" works as follows. I want to gift someone a nice challah knife on shabbos, but it's best to avoid gifts on shabbos as it looks like a business transaction, so on Friday afternoon I say, "I'm sure Shmerel would want to ...


10

Shulchan Aruch Y.D. 240:14 rules that if someone's divorced parents both ask him for a favor (the case of the S.A. is requesting a drink), he may choose to respond to either one first. Pischei Teshuva s.k. 12 suggests that for sustenance and clothing the mother would get precedence.


9

There is a Baal Shem Tov story (one version of it is here) where a couple who couldn't have children, had a child due to the Baal Shem Tov's blessing. When the child died on his second birthday, the Baal Shem Tov consoled the bereaved couple by explaining that their child was the reincarnated soul of a great convert who had to come back down in this world in ...


9

Rambam gives the text of the Get in Hilchos Gerushin 4:12, and says that "all of Israel" customarily write it in this form. His text is indeed substantially similar to the ones you linked, although it's not word-for-word the same. One difference that I see between Rambam's and Rosh's texts on the one hand, and what's used nowadays (at least in the gittin ...


9

I'm not sure if I understood this correctly, feel free to point put any mistakes. The Yad Eliyahu, after much back and forth, seems to say that: The reason for a monetary obligation is, as the Rambam (Hilchot Ishut 10:7) says, in order to make sure that it should not be of little import for a man to kick his wife out of the house. The Rabbis agreed that ...


9

There are only two ways out of a kosher marriage: a kosher get or death of a spouse. (Kiddushin 2a) It doesn't sound like any semblance of the former (a document handwritten by a Jew for the divorce of this specific couple including their names, the date, specific formulations, signed kosher witnesses, etc. presented to the wife by the husband again in ...


9

A. Assuming she is in the United States, she should contact the Beth Din of America and explain the situation to them. Most likely, upon understanding the predicament, they will issue a summons to her "husband." They also have experience with how to approach the husband in a way that's least likely to lead to a standoff. B. IF, God forbid, that summons is ...


9

In his responsa (Tzitz Eliezer 10:47) R. Waldenburg quotes some authorities who maintained that in a state of emergency one can direct by telephone to write a get for his wife without even appearing before Bet Din. Others maintain that witnesses would be required to validate that the husband is the one on the phone directing.


9

The opinion of the House of Shammai, as quoted in the Mishnah (Gittin 90a), is: Beit Shammai say: A man may not divorce his wife unless he finds out about her having engaged in a matter of forbidden sexual intercourse [devar erva], as it is stated: “Because he has found some unseemly matter [ervat davar] in her, and he writes her a scroll of severance” (...


8

Fist of all, making women un-married retroactively is possible due to gzeira (decree) of Hazal (the rabbis), and gzeira has strength because "כל דמקדש אדעתא דרבנן מקדש" ("anyone effecting kidushin (marriage) does so intending it to be effective only to the extent instituted by Hazal") and the like. Tosafot in Gittin 33a ד"ה ואפקעינהו proposes this, and says ...


8

A proof that one should divorce is Ezra ch. 10 where he tries to encourage everybody to leave their non-Jewish wives, he does not tell them to stay together to avoid the mizbeach shedding tears. Furthermore he makes no distinction between any cases.


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