PROBLEMS OF MARRIAGE AND DIVORCE

THE TORAH PROVIDES FOR THE BONDS OF MARRIAGE TO BE DISSOLVED BY A DIVORCE, WHEN EVERY EFFORT TO PRESERVE THE HARMONY AND PEACE IN THE HOME AND THE RELATIONSHIP BETWEEN THE HUSBAND AND WIFE HAS BEEN MADE – AND CONTINUOUS STRIFE AND BITTERNESS STILL REMAIN.

THE HEBREW NAME FOR DIVORCE IS GET.

THE MARRIAGE STATUS OF THE COUPLE NOT ONLY NEEDS TO BE DISSOLVED BY A JUDGE IN A CIVIL COURT (CIVIL DIVORCE), BUT MUST ALSO BE SEVERED “ACCORDING TO THE LAW OF MOSES AND ISRAEL” (RELIGIOUS DIVORCE).

The Jewish divorce proceedings must be supervised by a Beth Din, a rabbinic court consisting of three rabbis competent in the laws of marriage and divorce.
A scribe (sofer) and two witnesses comprise the personnel needed to issue a Jewish divorce (get).

It is imperative that every effort to reestablish marital harmony has been made, and only when every hope of healing has been lost, “the law of divorce is given for the sake of peace…. And those who divorce when they must, bring good upon themselves, not evil” (Eliyahu Kitov). It is unnecessary for the Beth Din to involve itself in the grounds of divorce when a civil divorce has been granted and a mutually agreed property settlement has been reached.

Close members of the family are not permitted to marry – except cousins. A Jew is permitted to marry only a Jew. A Kohen is not permitted to marry a convert, or a divorcee. A man is not permitted to marry more than one wife (by rabbinic law – not by Torah). A woman has to wait 3 months to remarry.

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