Remarriage After Divorce. Dissolution of marriage. The origin of the Jewish law of divorce is found in the constitution of the patriarchal family.
ground for divorceJewish Ethics. Table of Contents Agunah "Kosher Sex" While divorce is not looked at favorably in Judaism , it is by no means prohibited and, in certain cases, it is even encouraged. The rabbis of the Talmud considered marriage a holy contract, and the dissolution of marriage an unholy act. About 1,000 years ago, Rebbeinu Gershom ben Yehuda 965-1028 decreed that a husband could no longer divorce his wife without her consent.
It is commonly assumed that no fault divorce is a late 20th century discovery, but this is not the case. Long before, Jewish law allowed for no fault divorce. If there were irreconcilable differences, if the couple was simply incompatible, and they decided, after all their efforts, that they could not make a life together, then divorce could be finalized. It was not necessary to prove adultery, or any other serious charge of marital malpractice, in order for husband and wife to terminate their union. Thus, even though divorce is not a happy event, in situations of mutual agreement it can be relatively straight-forward.
divorce in orthodox judaism
The Ten Years Issue Woman Can Initiate The right of the wife to demand a divorce is as legally entrenched as is the right of the husband to demand a divorce. This legal entrenchment goes all the way back to biblical times, and is not merely an adjustment to more modern contingencies.
reasons for divorce from husband
It is clear from this passage that a divorce is accomplished through specific acts of the husband. Neither wife nor beit din Jewish court is mentioned as a possible initiator of the divorce process.
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