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What Are the Grounds for Divorce?

The Talmudic Version of Romance

51 min

Class Summary:

Divorce is a fact of life, especially in today’s culture. But what are the grounds for divorce? When do you know it’s time to throw in the towel and just give up?

"It will be if she does not find favor in his eyes, for he found in her an unseemly [moral] matter, an ‘ervas davar,’ then he may write a divorce." (Deuteronomy 24:1.) But what does this mean practically? The Mishnah at the conclusion of Tractate Gittin quotes a three-way dispute between the school of Shammai, the school of Hillel, and Rabbi Akiva.

Bais Shammai—known for their strict opinion in most matters of Jewish law—say that divorce should only occur over a matter of immorality; only if the marriage has been betrayed by infidelity are there grounds for divorce. (Even then, the rabbis say, one must investigate the matter very carefully and not act impulsively.)

Bais Hillel—usually known for their leniency—say that divorce is permitted “even if she burns his dish.” Comes Rabbi Akiva—whose devotion and gratitude to his wife Rachel was legendary—and says that even if a man just finds a more beautiful woman, he may divorce his wife.

We can understand the first opinion. But the other two opinions seem incomprehensible. This might work for the Hollywood Code of Ethics, but not for the Sages of the school of Hillel!?

The commentators explain that they were referring to a woman who intentionally burns her husband’s food just to torture him. Ok, granted. But how can we justify Rabbi Akiva’s opinion? You are walking down the street and you see a better-looking woman, now you may go home and get divorced?

Please leave your comment below!

Rabbi YY Jacobson

  • August 15, 2010
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  • 5 Elul 5770
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  • 4872 views

Dedicated by Robyn and Josh Goldhirschin loving memory of Shraga Feivish ben Meir Goldhirsch For his Yartzeit, 12 Elul

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