(כב) וַיִּבֶן֩ ה' אֱלֹקִ֧ים ׀ אֶֽת־הַצֵּלָ֛ע אֲשֶׁר־לָקַ֥ח מִן־הָֽאָדָ֖ם לְאִשָּׁ֑ה וַיְבִאֶ֖הָ אֶל־הָֽאָדָֽם׃ (כג) וַיֹּאמֶר֮ הָֽאָדָם֒ זֹ֣את הַפַּ֗עַם עֶ֚צֶם מֵֽעֲצָמַ֔י וּבָשָׂ֖ר מִבְּשָׂרִ֑י לְזֹאת֙ יִקָּרֵ֣א אִשָּׁ֔ה כִּ֥י מֵאִ֖ישׁ לֻֽקֳחָה־זֹּֽאת׃ (כד) עַל־כֵּן֙ יַֽעֲזָב־אִ֔ישׁ אֶת־אָבִ֖יו וְאֶת־אִמּ֑וֹ וְדָבַ֣ק בְּאִשְׁתּ֔וֹ וְהָי֖וּ לְבָשָׂ֥ר אֶחָֽד׃
(22) And the LORD God fashioned the rib that He had taken from the man into a woman; and He brought her to the man. (23) Then the man said, “This one at last Is bone of my bones And flesh of my flesh. This one shall be called Woman, For from man was she taken.” (24) Hence a man leaves his father and mother and clings to his wife, so that they become one flesh.
What is the Jewish attitude towards divorce? _____________________________________________________________________
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(א) כִּֽי־יִקַּ֥ח אִ֛ישׁ אִשָּׁ֖ה וּבְעָלָ֑הּ וְהָיָ֞ה אִם־לֹ֧א תִמְצָא־חֵ֣ן בְּעֵינָ֗יו כִּי־מָ֤צָא בָהּ֙ עֶרְוַ֣ת דָּבָ֔ר וְכָ֨תַב לָ֜הּ סֵ֤פֶר כְּרִיתֻת֙ וְנָתַ֣ן בְּיָדָ֔הּ וְשִׁלְּחָ֖הּ מִבֵּיתֽוֹ׃ (ב) וְיָצְאָ֖ה מִבֵּית֑וֹ וְהָלְכָ֖ה וְהָיְתָ֥ה לְאִישׁ־אַחֵֽר׃
(1) A man takes a wife and possesses her. She fails to please him because he finds something obnoxious about her, and he writes her a bill of divorcement, hands it to her, and sends her away from his house; (2) she leaves his household and becomes the wife of another man;
Which spouse is responsible for the divorce? Why? _____________________________________________________________________
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Under what circumstances does the Torah tell us the divorce is being given? _____________________________________________________________________
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(י) וְאֵלּוּ שֶׁכּוֹפִין אוֹתוֹ לְהוֹצִיא, מֻכֵּה שְׁחִין, וּבַעַל פּוֹלִיפּוֹס, וְהַמְקַמֵּץ, וְהַמְצָרֵף נְחֹשֶׁת, וְהַבֻּרְסִי, בֵּין שֶׁהָיוּ בָם עַד שֶׁלֹּא נִשְּׂאוּ וּבֵין מִשֶּׁנִּשְּׂאוּ נוֹלָדוּ.
(10) And these are the defects for which the court forces him to divorce her: One afflicted with boils; or one who has a polyp; or one who works as a gatherer, or one who works as a melder of copper, or one who works as a tanner of hides, all of whose work involves handling foul-smelling materials. Whether he had these defects before they got married, or whether they developed after they got married, the court forces them to divorce.
Can the wife demand a Get? _____________________________________________________________________
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Cherem of Rabeinu Gershom
- Prior to the enactment of the Cherem D'Rabbeinu Gershom, a woman could be divorced regardless of whether or not she consented [11] and whether or not her husband could pay for her Ketubah/financial needs after the divorce[12]. After the Cherem D'Rabbeinu Gershom was put into place it, became prohibited for a man to divorce his wife without her knowledge, even if he could pay the amount of her Ketubah[13].
- Reasons for the Cherem included to prevent abusive and womanizing husbands from abusing their wives and divorcing them for frivolous reasons[14] and to equate a woman's power in terms of a divorce to that of a man so women can not be degraded by forced divorces[15]. Others are of the opinion that the Cherem is a bona fide siyag (protective fence) to the Torah- one should not forcibly divorce his wife, even if by strict halacha he would be justified to do so (eirvas davar), lest someone seek to forcibly divorce his wife for a reason that is not valid[16]. Finally, some point out that these two segments of the Cherem (not marrying more than one wife and not forcibly divorcing a woman) had to be established together, lest a husband threaten to marry another woman, a deed that would cause his wife to become an Agunah[17].
Is it possible for a wife to make her husband an "Agun"? _____________________________________________________________________
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Domestic Relations Law 253 (1983)
DRL 253: Removal of Barriers to Remarriage Domestic Relations Law
253 Removal of barriers to remarriage
1. This section applies only to a marriage solemnized in this state or in any other jurisdiction by a person specified in subdivision one of section eleven of this chapter. 2. Any party to a marriage defined in subdivision one of this section who commences a proceeding to annul the marriage or for a divorce must allege, in his or her verified complaint: (i) that, to the best of his or her knowledge, that he or she has taken or that he or she will take, prior to the entry of final judgment, all steps solely within his or her power to remove any barrier to the defendant's remarriage following the annulment or divorce; or (ii) that the defendant has waived in writing the requirements of this subdivision.
3. No final judgment of annulment or divorce shall thereafter be entered unless the plaintiff shall have filed and served a sworn statement: (i) that, to the best of his or her knowledge, he or she has, prior to the entry of such final judgment, taken all steps solely within his or her power to remove all barriers to the defendant's remarriage following the annulment or divorce; or (ii) that the defendant has waived in writing the requirements of this subdivision.
DRL 253: Removal of Barriers to Remarriage Domestic Relations Law
253 Removal of barriers to remarriage
1. This section applies only to a marriage solemnized in this state or in any other jurisdiction by a person specified in subdivision one of section eleven of this chapter. 2. Any party to a marriage defined in subdivision one of this section who commences a proceeding to annul the marriage or for a divorce must allege, in his or her verified complaint: (i) that, to the best of his or her knowledge, that he or she has taken or that he or she will take, prior to the entry of final judgment, all steps solely within his or her power to remove any barrier to the defendant's remarriage following the annulment or divorce; or (ii) that the defendant has waived in writing the requirements of this subdivision.
3. No final judgment of annulment or divorce shall thereafter be entered unless the plaintiff shall have filed and served a sworn statement: (i) that, to the best of his or her knowledge, he or she has, prior to the entry of such final judgment, taken all steps solely within his or her power to remove all barriers to the defendant's remarriage following the annulment or divorce; or (ii) that the defendant has waived in writing the requirements of this subdivision.
How does Domestic Relations Law 253 help the Agunah situation? _____________________________________________________________________
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DRL 236B 1992
In July 1992, the State of New York passed an amendment to Section 236B of its Domestic Relations Law. Section 236B details a variety of factors that courts are to consider in setting spousal maintenance (alimony) and property division ("equitable distribution") in the event of a divorce. As presently amended, the statute now provides that one of the factors the court shall consider both in determining maintenance and in allocating marital property is the "maintenance (by one spouse) of a barrier to remarriage" (of the other spouse). While neutrally worded, "barrier to remarriage" clearly includes the withholding of a get and, indeed, this is exactly the situation the statute was designed to address. Thus, in effect, the statute provides that a court may condition the husband's receipt of property or the level of alimony on his cooperation in releasing his wife from the religious restraints of remarriage by his willingness to execute a get. In theory, the statute works in reverse as well, fully applicable in cases where women refuse to receive/accept gittin
In July 1992, the State of New York passed an amendment to Section 236B of its Domestic Relations Law. Section 236B details a variety of factors that courts are to consider in setting spousal maintenance (alimony) and property division ("equitable distribution") in the event of a divorce. As presently amended, the statute now provides that one of the factors the court shall consider both in determining maintenance and in allocating marital property is the "maintenance (by one spouse) of a barrier to remarriage" (of the other spouse). While neutrally worded, "barrier to remarriage" clearly includes the withholding of a get and, indeed, this is exactly the situation the statute was designed to address. Thus, in effect, the statute provides that a court may condition the husband's receipt of property or the level of alimony on his cooperation in releasing his wife from the religious restraints of remarriage by his willingness to execute a get. In theory, the statute works in reverse as well, fully applicable in cases where women refuse to receive/accept gittin
How does DRL 236B help the Agunah situation? _____________________________________________________________________
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