Jewish Divorce
A divorce or divorce document is called a "Geht" in Hebrew.
Judaism sees divorce as an unfortunate occurrence, but recognizes that sometimes it is necessary nonetheless.
The Talmud states that divorce is mandatory if the wife has committed sexual transgressions.
In the Torah, the prophet Malachi declared, "I hate divorce, says Adonai, the God of Israel.
" But Malachi 2:14 states, "The Lord has been witness between you and your wife of your youth against whom you have dealt treacherously, though she is your companion, the wife of your covenant.
" The Talmud declares, "When a man puts aside the wife of his youth, even the very altar weeps.
" But divorce has always been a part of Jewish law.
Initiation of a Divorce and Consent As a rule, only the husband can initiate and grant a divorce.
However, the Talmud specified several causes that would justify forcing a husband to divorce his wife: if the marriage was childless after ten years; if the husband refused to have sex with his wife; if the husband beat his wife; or if the husband contracted a "loathsome" disease.
Rabbi Gershom, who also enacted monogamy, ruled that a wife could not be divorced without her consent about 1000 C.
E and this rule has come to be accepted.
A husband can never be divorced without his consent, a circumstance that has been the cause of increasing problems.
The Bet Din and its Jurisdiction Jewish divorce is granted by a rabbinical court (bet din, "house of judgment") composed of three rabbis.
A scribe and two witnesses are usually also present.
Rabbinical courts do not necessarily recognize civil divorces.
In Israel there is no civil divorce at all.
Elsewhere, use of the orthodox bet din is voluntary.
Reform Judaism recognizes civil divorce automatically.
An Orthodox woman cannot remarry without a bet din divorce.
since her children by the new marriage.
would be considered illegitimate.
Shlom Bayit - Reconciliation Before issuing a divorce, the Bet Din will usually attempt to bring about Shlom Bayit (literally "peace of the home") - reconciliation, by sending the couple to counseling as well as by exhorting them to forgive and reconcile their differences.
The Divorce Process If Shlom Bayit fails, the court interviews the husband and wife to ensure their mutual consent.
The Bet Din also checks the financial status of the couple and rules about alimony and child support (Mezonot).
The Geht document(divorce decree) is drawn up in Hebrew calligraphy.
After a divorce, the wife is not allowed to marry for 90 days, to be certain that if she becomes pregnant there will be no question regarding of paternity.
Except when the divorce is granted for misconduct by the wife, a man who divorces his wife is required to pay her the sums of money specified in the ketubah (marriage contract) as well as child support, Mezonot, decided by the court.
Status of Divorcees Jewish law prohibits a man from remarrying his ex-wife after she has married another man.
A Kohein (descendant of the priestly class) cannot marry a divorced woman.
Problematic Aspects A problem arises if the husband has abandoned his family, or if his whereabouts are not known or if he is lost in battle or at sea for example.
The wife is considered "agunah" (literally anchored).
She cannot be granted a divorce without the consent of her husband, and therefore cannot remarry.
There is no satisfactory solution to this problem.
Likewise, a court can try to persuade a recalcitrant husband to grant a divorce, but ordinarily cannot grant a divorce without a consent.
In some cases, husbands will refuse the divorce out of spite or to try to evade alimony, and will not respond even to the most extreme measures.
There is current no solution for this predicament in Jewish law either.
Judaism sees divorce as an unfortunate occurrence, but recognizes that sometimes it is necessary nonetheless.
The Talmud states that divorce is mandatory if the wife has committed sexual transgressions.
In the Torah, the prophet Malachi declared, "I hate divorce, says Adonai, the God of Israel.
" But Malachi 2:14 states, "The Lord has been witness between you and your wife of your youth against whom you have dealt treacherously, though she is your companion, the wife of your covenant.
" The Talmud declares, "When a man puts aside the wife of his youth, even the very altar weeps.
" But divorce has always been a part of Jewish law.
Initiation of a Divorce and Consent As a rule, only the husband can initiate and grant a divorce.
However, the Talmud specified several causes that would justify forcing a husband to divorce his wife: if the marriage was childless after ten years; if the husband refused to have sex with his wife; if the husband beat his wife; or if the husband contracted a "loathsome" disease.
Rabbi Gershom, who also enacted monogamy, ruled that a wife could not be divorced without her consent about 1000 C.
E and this rule has come to be accepted.
A husband can never be divorced without his consent, a circumstance that has been the cause of increasing problems.
The Bet Din and its Jurisdiction Jewish divorce is granted by a rabbinical court (bet din, "house of judgment") composed of three rabbis.
A scribe and two witnesses are usually also present.
Rabbinical courts do not necessarily recognize civil divorces.
In Israel there is no civil divorce at all.
Elsewhere, use of the orthodox bet din is voluntary.
Reform Judaism recognizes civil divorce automatically.
An Orthodox woman cannot remarry without a bet din divorce.
since her children by the new marriage.
would be considered illegitimate.
Shlom Bayit - Reconciliation Before issuing a divorce, the Bet Din will usually attempt to bring about Shlom Bayit (literally "peace of the home") - reconciliation, by sending the couple to counseling as well as by exhorting them to forgive and reconcile their differences.
The Divorce Process If Shlom Bayit fails, the court interviews the husband and wife to ensure their mutual consent.
The Bet Din also checks the financial status of the couple and rules about alimony and child support (Mezonot).
The Geht document(divorce decree) is drawn up in Hebrew calligraphy.
After a divorce, the wife is not allowed to marry for 90 days, to be certain that if she becomes pregnant there will be no question regarding of paternity.
Except when the divorce is granted for misconduct by the wife, a man who divorces his wife is required to pay her the sums of money specified in the ketubah (marriage contract) as well as child support, Mezonot, decided by the court.
Status of Divorcees Jewish law prohibits a man from remarrying his ex-wife after she has married another man.
A Kohein (descendant of the priestly class) cannot marry a divorced woman.
Problematic Aspects A problem arises if the husband has abandoned his family, or if his whereabouts are not known or if he is lost in battle or at sea for example.
The wife is considered "agunah" (literally anchored).
She cannot be granted a divorce without the consent of her husband, and therefore cannot remarry.
There is no satisfactory solution to this problem.
Likewise, a court can try to persuade a recalcitrant husband to grant a divorce, but ordinarily cannot grant a divorce without a consent.
In some cases, husbands will refuse the divorce out of spite or to try to evade alimony, and will not respond even to the most extreme measures.
There is current no solution for this predicament in Jewish law either.
