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21

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 ...


16

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 ...


15

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 ...


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 ...


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.


12

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 ...


12

Both the first relationship and the second one would have to be formal marriages (the kind that requires a Get to dissolve) for the prohibition of remarrying your divorcée to come into effect. (ShA EH 10:1) איזו גרושה מותרת לחזור לבעלה ובו ז סעיפים:‏ המגרש את אשתו ואח"כ זינתה מותרת לחזור לבעלה:‏ הגה וכן אם זנתה עם הראשון ונתקדשה לשני ...


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

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

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 ...


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 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

It sounds like whoever's asking this question is going through a great deal of upheaval of a both personal and religious nature, and would greatly benefit from speaking with a competent rabbi in-person. Nonetheless, let's address the theory here: First off, Judaism allows for divorce -- for both Jews (under Halacha) and non-Jews (under Noachide Law). A ...


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” (...


9

If the bed reminds the husband of his first wife and makes him think about her while with the 2nd wife, then he should not use that bed Nedarim 20b quoted in Shulchan Aruch Orach Chaim 240,2: ולא תתורו אחרי לבבכם מכאן אמר רבי אל ישתה אדם בכוס זה ויתן עיניו בכוס אחר אמר רבינא לא נצרכא אלא דאפילו ב' נשיו "And you shall not be swayed after your heart"(...


8

Given that this is not an every day scenario, I don't think you'll find many Batei Din who will as a matter of policy issue conditional gittin. Nonetheless, that doesn't mean they will never issue them. Rabbi Howard Jachter has an excellent pair of articles here and here that surveys more contemporary approaches to handling cases such as these. In the ...


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.


8

It is a gemara in Pesachim 112a which talks about advice from the chachamim (I don't believe this is quoted in the poskim - not sure): לא תבשל בקדירה שבישל בה חבירך מאי ניהו גרושה בחיי בעלה דאמר מר גרוש שנשא גרושה ארבע דעות במטה ואי בעית אימא אפילו באלמנה לפי שאין כל אצבעות שוות Do not cook in a pot that your friend already cooked in. What does this ...


8

A Cohen may divorce his wife. The Mishna and Halacha mention special rules for the divorce procedures of a Cohen, so it follows that may do so: For example, in the laws of how to write the names of the husband in a Get (a divorce document) in Shulchan Aruch, Even HaEzer 129:19 - סימן קכט - דיני שם - it says: לֹא נָהֲגוּ לִכְתֹּב בַּגֵּט לֹא כֹּהֵן וְלֹא ...


8

It is very difficult to find accurate statistics on divorce, and differences between countries are so great that any answer can only be useful from a specific countries' perspective. Finding prevalence statistics specifically focused on shidduchim is even harder. On of the problem of using divorce statistics is that part of the high reported rates of divorce ...


8

The short answer is no the only way a married woman can marry someone else, is by first receiving a get from the first husband, or after the death of her husband. (Rambam Hilchot Ishus 1:3) And as soon as she receives the get she is free to do as she pleases, so if the first husband made a deal with someone else, she is not bound to follow it. And if the ...


8

Maimonides writes in Laws of Divorce 11:14 that Deuteronomy 24 does indeed apply in the case of a married woman willingly committing adultery, such that she is then forbidden from returning to her husband, even in the absence of any divorce.


7

Rav Asher Weiss writes in his approbation of the RCA Prenup about supporting the RCA Prenup from the Nachlas Shiva document: לענ"ד אין זה ענין לני"ד דנראה לכאורה דתקנה זו עיקרה ויסודה באמת להבטיח את קיום האשה והספקת מזונותיה, ולא כאמצעי לאלץ את הבעל לגרש את אשתו, וא"כ אין מזה ראיה לנידון דידן.‏ In my humble opinion this is not related to our case ...


7

Hello Baal Rishon, and welcome to J.SE. It sounds like there's a very thorny situation underfoot, and this is going to require a real-life expert rabbi. I strongly recommend you contact the experts at the Beth Din of America. May G-d help everyone involved in this difficult matter, and may it be concluded in such a way that the pain to everyone involved is ...


7

The Rambam (Hil. Sotah 1:7) rules that divorce erases the previous warning and if they remarry, he would have to warn again. Kesef Mishneh notes that the source is the Yerushalmi in the second chapter of Sotah.


6

The document itself is given to the husband to prove that he actually paid the כתובה. He can dispose of it however he desires. Or alternatively, she gives him a שובר (a receipt) documenting that he actually paid her, and she can do with the כתובה whatever she pleases.


6

If they are divorced then they are not married, and they certainly may not be intimate. Halachikally they are two strangers, and all of the halachos of yichud, etc. apply. For cases where they are legally divorced but don't yet have a get, consult a Rav. They may get remarried, unless the husband is a kohen, they got divorced because the woman committed ...


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