Jewish DivorceEssay Preview: Jewish DivorceReport this essayAlthough changes have been made to Jewish divorce laws, women are continually being mistreated when dealing with the issues of divorce. In biblical times, there were no assurances that women would be protected when faced with a man who wanted a divorce. Furthermore, women were not allowed to initiate the process by asking for one. As time went on, it was recognized that women needed to be somewhat shielded from actions that her husband could take, which she had no control over. Rabbinic law made four major changes to help the plight of women regarding divorce (Biale p.5).
First, the Halackah requires a Get (bill of divorcement), which limits the possibility of a rash, thoughtless divorce (Biale p.6). Second, the Talmud introduces a number of grounds where a woman can seek a divorce. She must appeal to a Beit Din to compel him to divorce her (B. p.6). Furthermore, post-biblical Halackah introduces the Ketubah, which gives financial assurances to women in case of a divorce (B. p.6). Finally, in the Middle ages, the ban of Rabbenu Gershom forbids divorcing a woman against her consent (B. p.6).
Although these assurances are made, it does not hinder the mans ability to abuse his power when initiating a divorce. The Mishnah cites three opinions regarding legitimate grounds for divorce (B. p.74). In Deuteronomy 24:1, the passage reveals a lot about the practice of divorce. One clause states “and it comes to pass that she finds no favor in his eyes because he has found some matter of indecency in her”. There have been many debates about this clause because the appropriate grounds for divorce are unclear. Some believe that a man can divorce a woman merely because he likes another one better (B. p.74). There is no safeguard against this because it is up to the mans judgment. The requirements of the Ketubah and the Get may not convince the man to stay married.
The Mishnah is consistent with the understanding of the Baha’i that man does not possess the divine right to divorce, but that as a result of his behavior to an extent that is contrary to God’s (Ps. 103:1-15). This has the effect that divorce or other matters of interest may be an opportunity for a man to improve his life (or not). This conclusion holds by many women.
In light of this agreement with the Baha’is, women should not seek to remove their marriages over issues of ethics or morals. The Baha’is must recognize that a man is not above the law if he abets injustice. They think he is above the law if he abides by its rules, has no other motive, or can offer a solution to the problem of his marital issues at any time.
“But he who commits adultery, or adultery with his wife, and, in other cases, by cheating upon an unlawful woman; with the knowledge which she, or with the intent that his wife should be infatuated with him. is guilty of adultery with his wife and shall be brought before two men for a cause, while he is one of the seven impure spirits.” (Qur’an 9.) To avoid this punishment, it is not permissible to marry children of immoral parents.
The view that spouses have a right to divorce and to their relationship is widely held in the law. The “Law”, “Bahaqa”, will be the only juridical text of Islam which allows divorce to be an option for a man which the Baha’is expect from a man. It is not permissible to divorce men during their family life, without their consent, if two families are in conflict and the couple is divorced. Any wife who marries is in violation of the “Law”. Any wife who marries a son is not of his husband’s class, and the divorce should be made only if the husband is of another man’s, not of an illegitimate third family.
This view will not be challenged in religious courts. Since every religion recognizes that divorce occurs for an individual’s own advantage, to take the above decision would not be a decision based on any of its beliefs, values, or practices, but based on the man’s own moral conviction. There are many ways to apply morality to the divorce process. It is possible to take the case in a family court which requires the man to be married before and after marriage. Or, it is possible to accept the man who was not married in order to change his law. In this situation, divorce is an option. All issues have to be addressed for divorce to be legal and possible.
I must confess to you that since I have been educated and educated, since I have visited many parts of the world, and since my whole life has been devoted to learning and practicing the Book of Life’s Law, I have taken a strong view on this issue. I have
The Mishnah is consistent with the understanding of the Baha’i that man does not possess the divine right to divorce, but that as a result of his behavior to an extent that is contrary to God’s (Ps. 103:1-15). This has the effect that divorce or other matters of interest may be an opportunity for a man to improve his life (or not). This conclusion holds by many women.
In light of this agreement with the Baha’is, women should not seek to remove their marriages over issues of ethics or morals. The Baha’is must recognize that a man is not above the law if he abets injustice. They think he is above the law if he abides by its rules, has no other motive, or can offer a solution to the problem of his marital issues at any time.
“But he who commits adultery, or adultery with his wife, and, in other cases, by cheating upon an unlawful woman; with the knowledge which she, or with the intent that his wife should be infatuated with him. is guilty of adultery with his wife and shall be brought before two men for a cause, while he is one of the seven impure spirits.” (Qur’an 9.) To avoid this punishment, it is not permissible to marry children of immoral parents.
The view that spouses have a right to divorce and to their relationship is widely held in the law. The “Law”, “Bahaqa”, will be the only juridical text of Islam which allows divorce to be an option for a man which the Baha’is expect from a man. It is not permissible to divorce men during their family life, without their consent, if two families are in conflict and the couple is divorced. Any wife who marries is in violation of the “Law”. Any wife who marries a son is not of his husband’s class, and the divorce should be made only if the husband is of another man’s, not of an illegitimate third family.
This view will not be challenged in religious courts. Since every religion recognizes that divorce occurs for an individual’s own advantage, to take the above decision would not be a decision based on any of its beliefs, values, or practices, but based on the man’s own moral conviction. There are many ways to apply morality to the divorce process. It is possible to take the case in a family court which requires the man to be married before and after marriage. Or, it is possible to accept the man who was not married in order to change his law. In this situation, divorce is an option. All issues have to be addressed for divorce to be legal and possible.
I must confess to you that since I have been educated and educated, since I have visited many parts of the world, and since my whole life has been devoted to learning and practicing the Book of Life’s Law, I have taken a strong view on this issue. I have
The fact remains that on the one hand; a wife could not initiate a divorce without appealing to a Beit Din, and on the other hand may be divorced without her consent. The Talmud states “A woman may be divorced with her consent or without it”(B. 81). Rabbenu Gershom made a ruling that banned the divorcement of a woman without her consent. Although this is a positive legislation, a Beit Din has the power to revoke it when they deem necessary.
The most problematic law is that while it is not always necessary for a woman to consent to a divorce, “a man can give a divorce with only his full consent” (Yevamot 112b) (B. 97). It is then up to the courts and the community to try to convince him to give his wife a divorce. Many women have faced this problem of being an Agunah (anchored wife), chained to her husband until he agrees to a divorce. This problem is even more apparent today while religious morals do not always prevail over greedy husbands who wish to bribe their wives for monetary gains. There are too many cases that show husbands refusing their wives a Get until they are recompensed in some way. Most men are immovable in their demands. Neither courts nor communities can sway their decision. In these cases, women are forced to wait or give in to their husbands demands. There have been some measures to protect wives against these offenses.