Language:
Hebrew
Year of publication:
2020
Titel der Quelle:
דיני ישראל; שנתון לחקר המשפט העברי
Angaben zur Quelle:
לד (תשפא) 351-390
Keywords:
Divorce
;
Divorce (Jewish law)
;
Heter meʼah rabanim
;
Get (Jewish law)
;
Marriage (Jewish law)
Abstract:
Rabbeinu Gershom, the important Ashkenazi sage who lived in the 11thcentury, is credited with two revolutionary regulations in Jewish familylaw: the prohibition on polygamy and the prohibition on divorcing a wifewithout her consent. Over the generations, dozens of halakhic authoritieshave dealt with the question of which of the two regulations is more severe.The importance of this question is reflected in cases which the wife must bedivorced but refuses to accept the divorce bill (Get). Should we force her toaccept it, as the husband is forced to do in the opposite case, or would werather allow the husband to marry a second wife?The article examines this question in the legal reality in the State of Israel.Israeli law allows the rabbinical court, subject to certain conditions, to choosebetween the two options. However, examination of its judgments throughoutthe years shows that rabbinical courts will almost always prefer to allow ahusband to marry a second wife, and they do not send the recalcitrant wifeto prison (Israeli law allows forcing a divorce by sending the Get-refusersto prison). The article offers a number of halakhic, legal, value-based, andpractical explanations for this.
Note:
With an English summary.
URL:
אתר את הפרסום בקטלוג המאוחד של ספריות ישראל
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