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Laws of Religion

Laws of Judaism Concerning Women and Men

 

6.  Divorce

from the Biblical Books of Moses (Torah),

the Code of Maimonides (Mishneh Torah)

and the Shulchan Aruch

 

 

Divorce

From the Biblical Books of Moses (Torah)

 

If a man divorces his wife and she marries another man and the second husband divorces her or dies, her first husband may not remarry her because she has been defiled. That would be an abomination before the Lord.[1]­­­­­­­­

 

 

Divorce

Jewish Law (Halakha) from the Code of Maimonides (Mishneh Torah)

 

Contents:

 

Procedures for divorce

 

Mi'un – Procedure for a minor female to end a betrothal or marriage

 

Obligatory divorce and payment of ketubah

 

Divorce of a childless couple

 

     Husband’s actions that require divorce

 

     Husband’s defects and divorce

 

     Wife’s defects and divorce

 

     Wife is immodest or violates the Law

 

     Wife refuses to have sex

 

     Wife is forbidden or made injudicious vows

 

Accusations of forbidden sexual intercourse

 

Obligations of a man to his divorced wife

 

Remarrying a divorced woman

 

Waiting period after divorce

 

 

Procedures for divorce (Maimonides, Mishneh Torah). A divorce is accomplished only when a man or his agent gives, in the presence of witnesses, a properly written bill of divorce (get) to the man's wife[2] or to her agent or he places it within her courtyard.[3] This document must state that the man is divorcing his wife, releasing her from his domain and severing all ties between them.[4] A get must be signed by two valid Jewish witnesses.[5]

 

A man may divorce his wife with or without her consent.[6] A man should not have sexual intercourse with his wife if he intends to divorce her; children resulting from such intercourse will be of poor character, some without shame and others rebellious and sinful.[7]

                                                    

A man who wants to divorce a woman who is betrothed* to him must obtain a get (bill of divorce) even if the woman has not yet entered his home and even if the couple has not had sexual intercourse.[8]

 

If the female is less than 12 years old and had been given for betrothal by her father (but is not yet fully married), the get is to be delivered to her father rather than to her.[9] If she had been given for betrothal by her father but the father is now dead, the get can be delivered to her if she is old enough to understand what it is.[10]

 

 

Mi'un – Procedure for a minor female to end a betrothal or marriage (Maimonides, Mishneh Torah). If a female minor (k'tanah)**[11] is betrothed or fully married, she may end the betrothal or marriage without obtaining a get (bill of divorce) from the man. She may do this for any number of betrothals and full marriages as long as she remains a minor.[12]

 

If she is 10 years old or more, she must make a formal declaration of mi'un (refusal) to effect the end of her betrothal or full marriage. If she is less than six years old, no such declaration is required. If she is between six and ten years of age, the formal declaration of mi'un is required only if she meets specified standards of understanding.[13] Once she has passed the age of 12, she no longer has the right to end her betrothal or full marriage by mi'un and she must obtain a get from the man.[14]

 

A formal declaration of mi'un is made by telling two witnesses that she wants to end her betrothal or full marriage.[15]

 

When a girl exercises her right of mi’un, she does not receive the basic amount (100 or 200 denar) of her ketubah but does receive any amount in excess of that.[16]

 

If a female who is not under her father's authority (for example, an orphan, or a female who was married as a minor and ended the marriage through mi'un or was widowed while still a minor[17]) consents to be betrothed, the betrothal is valid if she is at least ten years old but not if she is less than six years old. If she is between six and ten years of age, her understanding of marriage is to be evaluated and the validity of the betrothal determined accordingly.[18] When such a betrothal takes place, the female may end it at any time (without a get – a bill of divorce[19]) through mi'un by declaring before two witnesses that she wants to end it. If she comes of age while still betrothed, then the betrothal is finalized and she may not end it without obtaining a get.[20]

 

 

Obligatory divorce and payment of ketubah (Maimonides, Mishneh Torah). The ketubah (marriage contract), which a man must write upon getting married, provides for payment of money to the woman in case of divorce or the death of the husband.[21] The minimum amount is 200 denar (zuz) (equivalent to 25 denar (zuz) of pure silver) for a virgin bride and 100 denar (zuz) (equivalent to 12-1/2 denar (zuz) of pure silver) if the bride is not a virgin. A zuz is the weight of 96 barleycorns.[22] The man may specify more than the minimum amount in the ketubah.[23]

 

(Editor’s note: Certain types of behavior by, or conditions of, a husband or a wife, discussed below, can result in a man being required to divorce his wife. In certain cases, a woman may forfeit the minimum basic amount of her ketubah or the whole ketubah including the extra amount specified by her husband when they were married. This may happen when a man is required by the law to divorce his wife or when divorce remains optional to the man.)

 

Divorce of a childless couple (Maimonides, Mishneh Torah): When a couple has been married for ten years without having any children, the man is required to either divorce his wife or take an additional wife who can bear his children. If he refuses to divorce, he is to be beaten with a rod until he agrees.[24]

 

If, when the husband ejaculates, his semen shoots out like an arrow, it is assumed that the lack of children is his wife's fault and so he does not pay her the basic amount of her ketubah (100 or 200 denar), but only pays any amount above that. If his semen does not shoot out like an arrow, then he is to pay the full amount of her ketubah since it is his fault that they have had no children.[25] The wife's word is accepted concerning whether or not her husband ejaculates semen like an arrow because she can feel it, while he has no way of knowing.[26]

 

If, however, a man divorces a wife who has not had any children and there is another wife of the same man also has not had any children, then he must pay both the basic amount of the ketubah and the supplementary amount above that.[27]

 

Husband’s actions that require divorce (Maimonides, Mishneh Torah): A man may not intentionally deny his wife her rights to sexual intercourse.[28] A man who makes a valid vow to refrain from sexual intercourse with his wife and holds to that vow for more than seven days is required to divorce his wife and pay the amount of her ketubah.[29] If he is ill and unable to have sexual intercourse with his wife for more than six months, he must either get her permission to continue on as her husband or divorce her and pay the amount of her ketubah.[30]

 

If a man rebels against his wife by withholding sexual intercourse from her because he is no longer attracted to her but continues to provide her with food and maintenance, she is permitted to decide to stay married to him and an amount of silver the weight of 36 barleycorns is added to the value of her ketubah each week.[31]

                                                    

If a man makes a vow that requires his wife to repeat to others any of the joking and frivolous things that he and his wife have said to each other concerning their acts of sexual intercourse, then he is required to divorce her and pay the amount of her ketubah. This is because it is not acceptable for a woman to speak so brazenly to others about such lascivious matters.[32] Similarly, if a man makes a vow that requires his wife to move about during sexual intercourse in such a way as to prevent conception or to act foolishly, he is required to divorce her and pay the amount of her ketubah.[33]

 

When a man is required to divorce his wife but refuses to do so, the Jewish court is to have him beaten until he consents.[34]

 

     Husband’s defects and divorce (Maimonides, Mishneh Torah): If a married man develops boils, he is to be forced to divorce his wife and give her the amount of her ketubah even if she wants to stay with him. This is because if they remain together they will have sexual intercourse, which makes his condition worse. However, if she says she wants to stay with him and agrees that there will be witnesses nearby at all times to ensure that they do not have sexual intercourse, then this is permitted and the divorce is not required.[35]

 

A man is to be forced to divorce his wife and give her the full amount of her ketubah if, after they are married, he develops bad breath of the mouth or nose during the marriage or if he becomes a collector of dog feces or a tanner or a copper miner. If his wife chooses to stay with him, he is not forced to divorce her.[36]

 

If, however, a man develops other defects during marriage, even the amputation of a hand or leg or the blinding of an eye, he is not required to divorce his wife and pay the amount of her ketubah. If she does not want to stay with him, he must divorce her but he is not required to pay any part of the amount of her ketubah, as is the case for any rebellious wife (as discussed below).[37]

 

     Wife’s defects and divorce (Maimonides, Mishneh Torah): If a man has made no stipulation concerning defects in his bride and the wife is then found to have a hidden defect that the husband was unaware of when they married, then she leaves the marriage without receiving either her basic ketubah (100 or 200 denar) or any additional amount that the man added to this. If, however, there is a public bathhouse and the man has local relatives, he may not claim that he did not know about her defects because his female relatives would have seen her naked there and reported her defects to him.[38]

 

If the wife's defects are plainly visible, the husband may not claim that he did not know about them if it is customary for Jewish women where they live to walk in the marketplace with their faces uncovered, as they do now (meaning, in the time of Maimonides) in Europe. If, however, the custom is that the women do not go out in the street or the marketplace at all, or if the woman would be covered or hidden in the bathhouse, then the husband may make a valid claim that he was unaware of a defect and the wife loses the full amount of her ketubah.[39]

 

If the man does not make a claim concerning a blemish on his wife's body until several days after they have had sexual intercourse, then his claim is to be ignored because he would have examined her thoroughly before having sex with her. This applies even if the blemish is in the folds of her skin or on the sole of her foot.[40]

 

A woman only loses the amount of her ketubah for defects if these defects existed prior to the marriage. If she develops them after marriage, there is no requirement for divorce and, in case of divorce, she is to be paid the full amount of her ketubah.[41]

 

If a married woman becomes mentally incompetent, her husband may not divorce her until she recovers. This is to prevent immoral men from taking advantage and violating her. Her husband may leave her and marry another woman, but he must provide her with food and drink from her own resources. However, if he does divorce her, his has no obligation to take care of her.[42]

 

 

When the menstrual periods of a woman do not occur at regular intervals, this is a serious defect but one that does not, in itself, result in her forfeiting the value of her ketubah. This is because she can inspect herself and avoid having forbidden sexual intercourse with her husband from the time of onset of her menstrual periods even if she has no sensation that such a period is about to begin before the blood actually begins to flow. She is required to use a cloth to inspect herself for blood before having sexual intercourse and another cloth for inspection afterwards. In addition, her husband must inspect himself with a cloth.[43]

 

If, however, it happens on three separate occasions that following sexual intercourse blood is found on either her cloth or his, then they must divorce and the woman receives nothing of the value of her ketubah, either the required amount or any supplement that was added.[44] Also, they are not to marry each other ever again.[45] However, if no blood was found after their first act of sexual intercourse, she does not forfeit the amount of her ketubah even if blood is found after later acts of sexual intercourse.[46]

 

Wife is immodest or violates the Law (Maimonides, Mishneh Torah): It is a religious commandment for a man to divorce his wife if she has bad character and does not maintain the modest behavior of a virtuous Jewish woman.[47] However, Maimonides says that a man should not be quick to divorce his first wife and should not do it unless she is guilty of sexual impropriety; in contrast, if a man dislikes his second wife for any reason he may divorce her.[48]

 

It is improper for a man of virtue to marry a woman who has been divorced because of her loose moral conduct.[49] A man should not marry a woman whom he intends to divorce unless he has informed her in advance that the marriage will be for a limited period of time.[50]

                                                    

If a wife has violated certain of the Laws of Moses then she does not receive the amount of her ketubah. These violations are: going outside without covering her hair; making vows or oaths and not fulfilling them; failing to separate the dough; feeding her husband food that was forbidden for eating, including giving him food not tithed; or having sexual intercourse with her husband when she was menstruating. If there are no witnesses or if the wife contradicts the witness by saying, for example, that the witness had taken out the tithe from the food or declares that her stain was not from menstruation when the witness claims otherwise, then the wife is believed and does not forfeit the amount of her ketubah.[51]

 

Additionally, a woman is divorced without receiving any of the amount of her ketubah for violating practices of Judaism concerning female modesty. These violations are: going out in a public street or alley without wearing a veil like all other women, even if her hair is covered by a kerchief; spinning yarn in the market with her arms showing or with a rose or similar ornament on her face like promiscuous heathen women; flirting with young men; and asking for sex from her husband so loudly that neighbors hear her talking about sex; and cursing her father-in-law in front of her husband.[52]

 

This applies only when there are witnesses to her behavior and she was warned by her husband in advance.[53]

 

However, in such cases of a wife violating the Laws of Moses or the practices of Judaism, her husband is not required to divorce her if he chooses not to. Even when he does not divorce her for these actions, she forfeits the full amount of her ketubah.[54]

 

 

A wife who commits adultery has made herself forbidden to her husband and she receives nothing at all from her ketubah when he, as he is required to do, divorces her.[55] But if she was raped, her relations with her husband continue unchanged[56] and she remains entitled to the full amount of her ketubah.[57] Rape occurs when sexual intercourse is forced upon a woman initially even if, as the act proceeds, she is overcome by the pleasure of it. It is still rape even if she says that she wants to continue copulating and that if he had not raped her she would have paid him to have sexual intercourse with her.[58]

 

A female minor** is not punished for engaging in a forbidden act of sexual intercourse with a man.[59] Thus, if a man has sexual intercourse with a married female minor who was betrothed by her father to her husband who is now an adult***, the man is to be executed by strangulation and the female is henceforth forbidden to her husband but she is not punished in any other way.[60]

 

If there are scandalous reports about a married woman, even without direct observation of a sexual act, she loses the full amount of her ketubah. This applies when, for example, witnesses see her in a place putting on her underwear or tying her belt just after a man who is not her husband was seen leaving that place, or they are both seen coming out of a dark place or helping each other out of a pit, or a man is seen kissing her body through her open garment, or they were seen kissing or embracing each other or just the two of them entered a place and closed the doors. If, upon such a scandalous report, she loses the amount of her ketubah even if she was not warned, in advance, against such acts.[61] However, her husband is not required to divorce her. Even when he does not divorce her for these actions, she forfeits the full amount of her ketubah.[62] If a man does divorce his wife because of scandalous reports about her, he may never remarry her.   [63]

 

If a husband tells his wife in the presence of witnesses that she is not to be alone in a private place with a particular man, and two witnesses observe her doing just that for enough time to have sexual intercourse, the husband must divorce her and she receives none of the amount of her ketubah.[64] In such a case, if he ever has sexual relations with her again, he is to be punished by flogging for disobedience. If he remarries her, he must divorce her.[65]

 

If a man actually sees his wife committing adultery or learns of it from a trusted relative, he must divorce his wife. However, he must pay her the full amount of her ketubah unless she confesses to the adultery, in which case she receives nothing of her ketubah amount.[66]

 

If a woman tells her husband that she has committed adultery, she need not be believed and no divorce is required. However, she loses all of the amount of her ketubah. If her husband believes her, then he is to divorce her.[67]

 

The only conditions under which a court can compel a man to divorce his wife for adultery is if there are two witnesses who testify that they were present during the act and the adulterous woman was acting of her own free will.[68]

 

Wife refuses to have sex (Maimonides, Mishneh Torah): If a woman refuses to have sexual relations with her husband because she finds him repulsive, her husband must divorce her because she is like a captive. However, he does not give her the amount of her ketubah.[69]

 

If a woman's refusal to have sex with her husband results from her desire to torment him, for example because she blames him for wronging her in some way, she is considered a rebellious wife and warned that she will lose the amount of her ketubah if she persists in this way. Repeated announcements are made in the synagogues and houses of study that she is a rebellious wife. After four weeks she is warned again that she will lose the value of her ketubah. Then, after one more year passes, her husband divorces her without granting her the value of her ketubah. During that year she does not receive any maintenance from her husband.[70]

 

     Wife is forbidden or made injudicious vows (Maimonides, Mishneh Torah): If a man marries a woman and then later discovers that she is forbidden to him either by a negative commandment of the Torah or if he marries a woman forbidden to him as a secondary rabbinic prohibition, then upon their divorce she is not to receive the basic amount of the ketubah but is to receive any supplementary amount above that.[71]

 

If, after they are married, a man discovers that his wife has vowed to refrain from eating meat, drinking wine or adorning herself with colored garments such as a customary in their locale, then he may divorce her without paying any of the amount of her ketubah. If she has made any vows of a different kind, she retains the right to the full amount of her ketubah.[72] A man who divorces his wife because of her injudicious vows may never marry her again.[73]

 

 

Accusations of Forbidden Sexual Intercourse (Maimonides, Mishneh Torah). If a man warns his wife, in the presence of two witnesses, not to enter into seclusion with a particular other man and she does so, she is forbidden to him until she drinks the bitter water. This applies only if she is secluded with the forbidden man long enough to have had sexual relations with him – that is, at least for the amount of time it takes to roast an egg and swallow it.[74] The ritual of the bitter water can only be ordered by the court of 70 judges at the Temple in Jerusalem[75] (which was destroyed in the year 70 AD).

 

In an era (such as the present) in which the bitter waters are not available, a wife who enters into seclusion with another man after being warned by her husband not to do so is forbidden to her husband forever.  She is to be divorced without receiving any of her ketubah amount.[76] However, if there is only one witness testifying that she entered into privacy with the man her husband warned her about, and the husband considers this witness to be reliable, he must divorce his wife but, since there is only one witness rather than the required two witnesses, he must pay her the amount of her ketubah. If the husband considers the witness to be unreliable, then she is still permitted to him.[77]

 

If, after a woman enters into privacy with a man her husband warned about, her husband has sexual intercourse with her, she is forbidden to him forever but he must pay her the amount of her ketubah.[78]

 

If two witnesses report that a woman entered into privacy with a man who is not her husband and stayed there long enough to have sexual intercourse but her husband had not warned her about this for this particular other man, she is not forbidden to her husband and she is not required to drink the bitter water.[79]

 

 

Obligations of a man to his divorced wife (Maimonides, Mishneh Torah). If a woman chooses to continue breastfeeding her child after a divorce, her former husband must pay her as a wet nurse. If she does not want to breastfeed, then the child is given to the former husband to be raised. However, if the child has been breastfed by its mother long enough to recognize her, she must continue nursing it, being paid to do so, until it is two years old.[80]

 

A man is not obliged to give his divorced wife food, but he must provide her with what their child needs, such as food, drinks, ointments and clothing. While she is pregnant, he is not required to provide her with anything.[81]

                                                    

If the divorced woman decides to keep the child after it is weaned at age two, the former husband must continue to provide food for the child. His obligation for this ends when a male child reaches six years of age, after which the man may refuse to provide food for the son unless the son is put into custody of the father. A daughter, however, remains with her mother even after the age of six years.[82]

 

If a woman decides to give a child to its father after the child is weaned, she may do that. If the weaned child has no father, she may turn it over to the community to be raised.[83]

 

 

Remarrying a divorced woman (Maimonides, Mishneh Torah). If a woman becomes divorced and then becomes betrothed or fully married to another man who then divorces her, the first man she was betrothed or married to is forbidden from having sexual intercourse with her, even if she has never had sexual intercourse with the second man. If the first man transgresses and remarries and has sexual relations with this woman he has divorced, he is punished by flogging and he must divorce her.[84] However, if the divorced woman had sexual intercourse with other men with no intention of betrothal or marriage, then her former husband may remarry her.[85]

 

 

Waiting period after divorce (Maimonides, Mishneh Torah). A woman must wait 90 days after her divorce to become betrothed or married to another man. This is in case she is pregnant, so that the identity of the father is known.[86] This waiting period applies even if the woman had only been betrothed and not fully married and even if she is not capable of becoming pregnant due to age or any other condition.[87]

 

No such waiting period is needed after a minor female dissolves a betrothal or marriage through mi'un or after a woman has been raped or seduced. Waiting is also not necessary after a woman engages in sexual intercourse with men with no intention of betrothal or marriage because she will take precautions not to become pregnant in such cases.[88]

 

 

Divorce

Jewish Law (Halakha) from the Shulchan Aruch

 

Contents:

 

Bill of divorce (get)

 

Mi'un – Procedure for a minor female to end a betrothal or marriage

 

Choosing to divorce one's wife

 

Requiring a man to divorce his wife

 

Wife forfeits her ketubah amount

 

Obligations of man to his divorced wife

 

Waiting period after divorce

 

 

Bill of divorce (get) (Shulchan Aruch). A get (bill of divorce) must be signed by two valid Jewish witnesses.[89] The husband hands the get to his wife.[90] The delivery of the get to the wife must be observed by the two witnesses.[91] It is customary to deliver the get to the wife in the presence of a minyan (10 valid Jewish men).[92]

 

A get is only valid if the husband was of sound mind when he ordered it to be written, when it was written and when it was delivered to his wife.[93] If he was as drunk as Lot when he ordered the get to be written, he is not to be obeyed.[94] (Editor’s note: This refers to the Biblical story[95] in which Lot’s daughters got him drunk and then seduced him).

 

Anyone can write a get except: a slave, a person who is deaf and dumb or insane, a child or a non-Jew.[96] (An apostate or anyone who violates the Sabbath publicly, is considered to be a non-Jew in all respects.[97]) Even the woman being divorced can write the get if her husband asks her to. Isserles§ says: It is best if the husband himself does not write the get or specify the words of the get.[98] A get written by a person who is deaf and dumb or insane or by a child (but not by a slave or a non-Jew) is valid if an adult of sound mind was standing over them when they wrote it.[99]

 

If the female is less than 12 years old and had been given for betrothal* by her father (but is not yet fully married), the get is to be delivered to her father rather than to her. Some say it is also a valid divorce if she, herself, receives the get.[100] If she had been given for betrothal by her father but the father is now dead, the get can be delivered to her if she is old enough to understand what it is. Isserles says: Depending on her mental ability, she is old enough to receive a get when she is 6 or 7 years old.[101] However, if she is fully married, the get is delivered to her, not her father, even if she is still less than 12 years old.[102]

 

If a man divorces his wife and then has sexual intercourse with her before she marries someone else, they are married and require a second get in order to become divorced. This sexual intercourse must be witnessed by others. Isserles says: Even if there are no direct witnesses, it is sufficient if it is clear to those around them that they had sexual intercourse.[103] This remarriage is effected even if the man does not declare that the intercourse is for the purpose of marriage. Such a declaration of intent is required for a marriage to any other woman, however, because it is assumed that intercourse with another woman is a matter of licentiousness, but intercourse with his divorced wife is presumed not to be licentious.[104]

 

A divorce may be made conditional. If the conditions are fulfilled, then the divorce is valid; if the conditions are not fulfilled, then there is no divorce.[105] The conditions for the divorce are not written into the get; rather the husband states the conditions when delivering the get to his wife (or to his emissary who will deliver the get to the wife).[106] The divorce becomes effective only when the conditions are fulfilled, not when the get is delivered to the wife.[107] For example, the condition may be that the divorce only goes into effect if the wife pays her husband a certain amount of money[108] or if she does work for him or serves his father or nurses his children.[109] The condition may be that the divorce is valid only if the woman does not have sex with a certain other man; in such a case the divorce goes into effect but the woman cannot remarry until the other man dies because it is always possible that he will rape her.[110]

 

 

Mi'un – Procedure for a minor female to end a betrothal or marriage (Shulchan Aruch). Under certain circumstances, a married female under age 12 may leave her marriage without obtaining a get. This is done through mi'un.[111]

 

Mi'un is accomplished by the female saying that she does not like her husband or that she does not like her marriage. It can also occur without such a statement from her if she leaves her husband and receives a proposal of marriage from another man.[112] At least two witnesses are required for the act of mi'un to be valid.[113] As long as the female is under age 12, she may leave as many marriages as she chooses to through mi'un.[114]

 

Ending a marriage by mi'un is permitted when the girl entered the marriage without her father arranging it. This would occur if she had no father. It would also occur if she had been previously married and then divorced or widowed because in such a case her father would then have no authority over her, and her subsequent marriage would have been without her father's arranging it.[115]

 

If the girl is less than six years old, she may leave her marriage without having to make the declaration required for mi'un. If she is between six and ten years old and has the level of understanding to know what it means to guard her marriage, then she must make the declaration required by mi'un to leave her marriage. If she lacks this understanding, then she may leave the marriage without such a declaration.[116]

 

If she is over 12 years old, she may still leave the marriage through mi'un, without a get if she has not grown at least 2 pubic hairs, has not given birth[117] and has not had sexual intercourse with her husband after becoming 12 years old.[118] If she reaches the age of twenty and it appears that she will never go through puberty, she may not leave the marriage through mi'un.[119] In all cases, when she reaches the age of 35, she is not allowed to leave the marriage without a get.[120]

 

Upon leaving a marriage through mi'un, the female does not receive her basic ketubah amount (100 or 200 zuz), but does receive and additions that were made to this.[121]

 

 

Choosing to divorce one's wife (Shulchan Aruch). A man should only divorce a woman if she is inappropriate.[122] A man should be very hesitant to divorce his first wife; it should be done only if she is immodest and cheating on him with another man. However, the second wife can be divorced simply if he dislikes her.[123]

 

It is forbidden to divorce a woman who is mentally unstable and unable to protect herself. Her husband cannot abandon her until she is well, but he may put her aside and marry another woman.[124]

 

It is permitted for a man to announce that he is marrying a woman with the intention of divorcing her a few days later. Otherwise, a man should not marry with the intention of divorcing the woman.[125] If a man has a scribe write a get (bill of divorce) before the marriage with the intention of getting divorced following consummation of the marriage, the time written on the get should be the time that the divorce will become effective by delivering the get to the wife. If the time written on the get is the time it was written (before the marriage is consummated), then the get is not valid and there is no divorce.[126]

 

Isserles§ says: If a man divorces his wife so that she may marry his friend, the friend is forbidden to marry the woman.[127]

 

 

Requiring a man to divorce his wife (Shulchan Aruch). If a man refuses to provide either food or sexual intercourse to his wife and the court is unable to force him to, then if she wants a divorce, he is required to divorce her and pay her ketubah amount to her. Isserles§ says: A man who often gets angry at his wife and throws her out of the house is required to divorce her. This is because he will be failing to provide her with food when she is forced to be away and also he will not be having sexual intercourse with her as often as he is obliged to do, which is equivalent to not having sex with her at all and is grounds for divorce.[128]

 

If a man is ill and unable to have sexual intercourse with his wife according to the required schedule, he may refrain for up to six months, after which he must divorce her and pay her ketubah.[129]

 

If a man rebels against his wife by withholding sexual intercourse from her because he is no longer attracted to her but continues to provide her with food and maintenance, she is permitted to decide to stay married to him and an amount of silver the weight of 36 barleycorns is added to the value of her ketubah each week. If she desires a divorce, the court will grant it to her and require payment of her ketubah.[130]

 

A man who makes a valid vow to refrain from sexual intercourse with his wife and fulfills that vow for more than seven days is required to divorce his wife and pay the amount of her ketubah.[131]

 

A man who says that he will not lie with his wife unless they are both fully clothed even when having sex, must divorce her and pay her the amount of her ketubah.[132]

 

If a wife wants a divorce because she has no son and she says after ten years of marriage that her husband is unable to ejaculate forcefully, then her husband is required to divorce her if she has never become pregnant and she does not demand payment of her ketubah amount. Upon such a divorce, the man is required to pay the base amount (100 or 200 zuz) of her ketubah and also to return the dowry that she brought to the marriage.[133]

 

After ten years of marriage without producing children, a man is to be required either to divorce his wife or to take a second wife who can bear children.[134] (Editor's note: As pointed out elsewhere, a man is required to fulfill the commandment to be fruitful and multiply, but no such requirement is placed on a woman.)

 

If it is known that a man intends to travel to another country, he is to be required either to take an oath that he will not do so or to divorce his wife.[135]

 

If a man marries his wife through sexual immorality, such as intermarriage, he is to be required to divorce her.[136] In such a case of sexual immorality, he can be flogged to force him to divorce her. When a man is required to divorce his wife for some other reason, there is disagreement as to whether flogging can be used to force him to do so. When flogging is not appropriate then neither is excommunication (ostracism from the community of Jews), except in cases of failure to provide his wife with sufficiently frequent sexual intercourse, in which case he may be excommunicated and banished to force him to divorce his wife. When neither flogging nor excommunication are called for, the Jewish court (bet din) may use any other means to compel the divorce, such as forbidding any Jew from acting kindly toward him, doing business with him, or circumcising or burying his sons.[137]

 

A man is to be forced to divorce his wife and give her the amount of her ketubah if he has bad breath of the mouth or nose or if he becomes a collector of dog feces or a tanner or a copper miner. If his wife chooses to stay with him, he is not forced to divorce her. Isserles§ says: If she knew about this condition of his before they were married and married him nonetheless, then he is not forced to divorce her.[138]

 

If a man develops boils, he is to be forced to divorce his wife and give her the amount of her ketubah even if she wants to stay with him. This is because if they remain together they will have sexual intercourse, which makes his condition worse. However, if she says she wants to stay with him and agrees that there will be witnesses nearby at all times to ensure that they do not have sexual intercourse, then this is permitted and the divorce is not required. Isserles says: They must divorce even if she says she knew about his medical condition before they married and wants to stay with him.[139]

 

If a man says that he will release his wife from a vow she made relevant to their marriage on the condition that she repeat to others joking and frivolous things that he and his wife have said to each other concerning their acts of sexual intercourse, or that she move about during sexual intercourse in such a way as to prevent conception or that she commit foolish acts, then he is required to divorce her and pay the amount of her ketubah.[140]

 

If a priest marries a woman who is forbidden to him, they are both to be excommunicated, along with anyone who does business with them, until he divorces the woman.[141]

 

 

Wife forfeits her ketubah amount (Shulchan Aruch). If a woman refuses to have sexual relations with her husband because she finds him repulsive, she is considered to be a rebellious wife and her husband can divorce her without paying the amount of her ketubah.[142]

 

If a woman's refusal to have sex with her husband results from her desire to torment him, for example because she blames him for wronging her in some way, she is considered a rebellious wife and warned that she will lose the amount of her ketubah if she persists in this way. Repeated announcements are made in the synagogues and houses of study that she is a rebellious wife. After four weeks she is warned again that she will lose the value of her ketubah. Then her husband divorces her without granting her the value of her ketubah.[143]

 

If a woman refuses to lie with her husband unless they are both fully clothed, she is to be divorced without receiving the amount of her ketubah.[144]

 

If a wife has violated Jewish law as it pertains to women then she does not receive any part of the amount of her ketubah. Such violations include feeding her husband food that was forbidden for eating, including giving him food not tithed, and telling him that it was permitted food; having sexual intercourse with her husband when she was menstruating without his knowing it;[145] or speaking with another man after her husband made her swear that she would not speak with that man and he warned her that she would lose her ketubah amount if she did.[146] If there are no witnesses or if the wife contradicts the witness by saying, for example, that the witness had taken out the tithe from the food or had declared that her stain was not from menstruation when the witness claims otherwise, then the woman is believed and does not forfeit the amount of her ketubah.[147]

 

Additionally, a woman has violated Jewish law as it pertains to women and loses her right to receive any of the amount of her ketubah by going out in a public place where there are many people without wearing a shawl like other women, even if her hair is covered by a kerchief; spinning yarn in the market with her arms showing or with a rose or similar ornament on her face like promiscuous non-Jewish women; flirting with men; asking for sex from her husband so loudly that neighbors hear her talking about sex; or cursing her father-in-law in front of her husband. This applies only when there are witnesses to her behavior and she was warned by her husband in advance.[148]

 

She also loses the full amount of her ketubah if she has committed adultery[149] but not if she was raped.[150]

 

In cases of suspicion of adultery leading to divorce, even in the absence of witnesses to the sex act itself, the woman forfeits the full amount of her ketubah.[151] This occurs when a man expresses concern that his wife has been with another man and then she is seen alone with that other man who she was warned about. In such cases, she is forbidden to her husband unless she has undergone the ritual of bitter water (sotah water).[152] She is, under these circumstances, also forbidden to the other man forever.[153]

 

Even if the husband does not suspect that his wife has been with another man but he hears ugly reports from witnesses, he may divorce her as a result if there is gossip in the city lasting at least 1-1/2 days concerning the wife's adulterous behavior. Such ugly reports could include finding the woman getting up from the bed dressed only in her underclothes or fastening her belt in a place where she was secluded with the suspected man, or seeing the two of them entering a place and barring the door or leaving a dark place together, or seeing him kiss her on the neck of her garment or seeing them kiss each other on the lips.[154] If a man actually sees his wife committing adultery or learns of it from a trusted relative, he must divorce his wife. However, he must pay her the full amount of her ketubah unless she confesses to the adultery, in which case she receives nothing of her ketubah amount.[155]

 

If a woman tells her husband that she has committed adultery but there are no witnesses, she need not be believed and no divorce is required because she may only have seen a man she was attracted to. However, she loses all of the amount of her ketubah. If there is reason to believe her in addition to her word, then her husband is to divorce her.[156]

 

A woman with irregular intervals between menstrual periods checks herself with a cloth for blood before and after each act of sexual intercourse and her husband also checks himself with a cloth after intercourse. If either of them finds blood after intercourse on three consecutive occasions, they must divorce and the woman receives nothing from the value of her ketubah, either the basic required amount or any supplement. This is because she is not capable of having sexual intercourse without violating the prohibition against intercourse during the menstrual period. However, if no blood was found after their first act of sexual intercourse, she does not forfeit the amount of her ketubah even if blood is found after later acts of sexual intercourse.[157]

 

If a man has made no stipulation concerning defects in his bride and the wife is then found to have a hidden defect that the husband was unaware of when they married, then she leaves the marriage without receiving either her basic ketubah (100 or 200 zuz) or any additional amount that the man added to this. If, however, there is a public bathhouse and the man has local relatives, he may not claim that he did not know about her defects because his female relatives would have seen her naked there and reported her defects to him.[158] If the wife's defects are plainly visible, the husband may not claim that he did not know about them if it is customary for Jewish women where they live to walk in the marketplace with their faces uncovered. If, however, the custom is that the women do not go out in the street or the marketplace at all, or if the woman would be covered in the bathhouse, then the husband may make a valid claim that he was unaware of a defect and the wife loses the full amount of her ketubah.[159]

 

If the man does not make a claim concerning a blemish on his wife's body until several days after they have had sexual intercourse, then his claim is to be ignored because he would have examined her thoroughly before having sex with her. This applies even if the blemish is in the folds of her skin or on the sole of her foot.[160]

 

If a man gives all his property to his children and gives his wife a piece of land, no matter how small, or even just a palm tree or just the fruit of that tree, then his wife has lost most of her ketubah amount since she did not object to being part of this arrangement.[161]

 

 

Obligations of man to his divorced wife (Shulchan Aruch).  The ketubah amount is collected by the wife only after divorce or the death of her husband. If the husband added gifts to the ketubah amount, the wife collects the gifts while he is alive unless the local custom dictates otherwise.[162]

 

A man is not obliged to give his divorced wife food, but he must provide her with what their child needs, such as food, drinks, ointments and clothing. While she is pregnant, he is not required to provide her with anything.[163]

 

If a woman chooses to continue breastfeeding her child after a divorce, her former husband must pay her as a wet nurse. If she does not want to breastfeed, then the child is given to the former husband to be raised.[164]

 

If a woman decides to give a child to its father after the child is weaned, she may do that. If the weaned child has no father, she may turn it over to the community to be raised.[165]

 

If the divorced woman decides to keep the child after it is weaned at age two, the former husband must continue to provide food for the child. His obligation for this ends when a male child reaches six years of age, after which the man may refuse to provide food for the son unless the son is put into custody of the father. A daughter, however, remains with her mother even after the age of six years. Isserles§ says: However, if the court decides that it is better for the daughter to be with her father, she is turned over to him at the age of six.[166]

 

While he has no obligation to do so, a man is permitted to feed his divorced wife as long as this is done through a messenger and there is no direct contact with her. Feeding one's divorced wife is more meritorious than providing food to other poor people.[167]

 

 

Waiting period after divorce (Shulchan Aruch). A woman must wait 90 days after her divorce to become betrothed or married to another man. This is in case she is pregnant, so that the identity of the father is known.[168] However, no waiting period is needed before the woman remarries the man she divorced.[169] The waiting period applies also to a concubine of one man who is going to marry another man.[170] A man who betroths a woman during her 90 day waiting period is to be excommunicated (ostracized from the community of Jews).[171]

 

A woman who was raped or seduced, or who committed adultery or who is in prison does not have to observe the 90 day waiting period before becoming betrothed or married or having sexual intercourse with her husband. This is because upon having intercourse such a woman turns over and thus prevents pregnancy. Isserles says: There are some who say that all such women must wait if they are capable of becoming pregnant. If a woman who is married but has not had sexual intercourse with her husband is raped, she must then wait 90 days before having intercourse with her husband.[172]

 

A married enslaved or non-Jewish female must fulfill the 90 day waiting period after being freed or converting to Judaism. Even if a non-Jewish man and his non-Jewish wife convert to Judaism together, they are to be separated for 90 days so that it is clear whether any child they have was conceived in the holiness of Judaism.[173]

 

 

 

*Betrothal: In the historical times being described by Maimonides, two separate steps were required to achieve a full marriage. The first step, kiddushin or erusin, is the consecration of the woman to the man and is referred to in our texts as "betrothal." The reversal of this process required a get (a bill of divorce). A man was not responsible for supporting a woman who was betrothed to him.[174] Also, after betrothal the couple was not permitted to have sexual relations until the finalization of the marriage (nisu'in) even if the betrothal had been carried out through sexual intercourse.[175]

The marriage was finalized by nisu'in – the woman moving into the man's house to live there. In the times being described by Maimonides, this second step might have occurred one year after the betrothal.[176]

In the present era, both steps, betrothal (kiddushin) and finalization of the marriage (nisu'in), occur in a single ceremony when the couple marries under the chuppah – the wedding canopy that symbolizes the couple's home.

 

**A female minor (k'tanah) is one who either is under the age of twelve or has not yet grown two pubic hairs.

 

***A male is a minor (katan) until he has reached the age of thirteen years and has at least two pubic hairs, at which point he becomes an adult (gadol).

 

§The Shulchan Aruch, written by Joseph Caro in the 16th century, represents his Sephardic background. Printed copies of the Shulchan Aruch always include the comments of Moses Isserles, which are written from an Ashkenazi perspective.

 

________________

 

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Table of Contents – Laws of Judaism Concerning Women and Men

 

Abbreviations used in footnotes:

Gen: The Biblical book of Genesis.

Exod: The Biblical book of Exodus.

Lev: The Biblical book of Leviticus.

Num: The Biblical Book of Numbers.

Deut: The Biblical Book of Deuteronomy.

 

MT:  The Mishneh Torah of Maimonides (Code of Maimonides). The names of the specific books and treatises within each book are given according to the Yale University Press translation and also the Moznaim/Touger Hebrew transliterations to facilitate locating the texts posted here.

F:  indicates page numbers in the Feldheim Publishers, Ltd., translation of Book 1 of the Mishneh Torah of Maimonides, the Book of Knowledge.

M:  indicates page numbers in the relevant volume of the Moznaim Publishing Corporation’s Touger translation. (Some of the books of Mishneh Torah are published in several volumes by Moznaim, so the Moznaim volume numbers do not correspond to the Book numbers of Maimonides’ work.)

Y:  indicates page numbers in the translation of the Yale University Press Judaica Series.

         

SA:  The Shulchan Aruch of Joseph Caro, with the comments of Moses Isserles noted, as appropriate. Our summaries are based on the Sefaria English translation, which is not yet complete. The four sections of the Shulchan Aruch are on Sefaria at the following links: Orach Chayim, Yoreh De'ah, Even HaEzer and Choshen Mishpat.

 

●  The sources cited are described on the page Source Texts Used for Laws of Judaism.



[1] Deut 24:1-4

[2] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 1, sec 1 (pages 12M 165Y)

[3] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 1, sec 3 (pages 14M 166Y), Chapter 5, sec 1 (pages 76-78M 190-191Y).

[4] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 1, sec 1 (pages 12M 165Y)

[5] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 1, sec 15 (pages 20M 169Y), Chapter 1, sec 17 (pages 22M 196Y)

[6] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 1, sec 2 (pages 12M 165-166Y)

[7] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi’ah; Chapter 21, sec 12 (pages 260M 136Y)

[8] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 1, sec 3 (pages 12M 5Y)

[9] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 2, sec 18 (pages 42-44M 177Y)

[10] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 2, sec 19 (pages 44M 177Y)

[11] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 11, sec 4 (pages 192M 239-240Y)

[12] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 11, sec 3 (pages 192M 239Y)

[13] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 11, sec 7 (pages 196M 241Y)

[14] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 11, secs 4-6 (pages 192-194M 239-240Y)

[15] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 11, sec 8 (pages 196M 241Y)

[16] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 5 (pages 310-312M 152Y)

[17] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 11, sec 1 (pages 190M 238-239Y)

[18] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 4, sec 7 (pages 46M 24-25Y)

[19] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 11, sec 1 (pages 190M 238-239Y)

[20] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 4, secs 7-8 (pages 46-48M 24-25Y)

[21] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 10, sec 7 (pages 118M 63Y); Chapter 10, sec 10 (pages 124-126M 64-65Y); Chapter 16, sec 3 (pages 198M 99Y)

[22] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 10, sec 7 (pages 118M 63Y); Chapter 10, sec 9 (pages 118M 64Y)

[23] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 10, sec 7 (pages 118M 63Y)

[24] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 15, sec 7 (pages 188M 94-95Y)

[25] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 15, sec 8 (pages 188M 95Y); Chapter 24, sec 2 (pages 308M 151Y)

[26] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 15, sec 9 (pages 190M 95Y)

[27] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 1 (pages 308M 150-151Y)

[28] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 14, sec 7 (pages 172-174M 88Y)

[29] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 14, sec 6 (pages 172M 88Y)

[30] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 14, sec 7 (pages 172-174M 88Y)

[31] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 14, sec 15 (pages 178M 90-91Y)

[32] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 14, sec 5 (pages 172M 88Y)

[33] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 14, sec 5 (pages 172M 88Y)

[34] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 2, sec 20 (pages 44-46M 177-178Y)

[35] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 25, sec 12 (pages 330M 162Y)

[36] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 25, sec 11 (pages 330M 162Y)

[37] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 25, sec 11 (pages 330M 162Y)

[38] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 25, sec 2 (pages 324-326M 158-159Y)

[39] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 25, sec 2 (pages 324-326M 158-159Y)

[40] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 25, sec 6 (pages 328M 161Y)

[41] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 25, sec 10 (pages 330M 162Y)

[42] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 10, sec 23 (pages 188-190M 238Y)

[43] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 25, sec 7 (pages 328M 161Y), sec 8 (pages 328M 161Y)

[44] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 25, sec 8 (pages 328M 161Y)

[45] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 10, sec 13 (pages 178M 234Y)

[46] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 25, sec 9 (pages 330M 161-162Y)

[47] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 10, sec 22 (pages 188M 238Y)

[48] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 10, sec 21 (pages 186-188M 237-238Y)

[49] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 10, sec 22 (pages 188M 238Y)

[50] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 10, sec 21 (pages 186-188M 237-238Y); MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 21, sec 28 (pages 268M 139Y)

[51] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 11 (pages 314M 153-154Y)

[52] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 12 (pages 314-316M 154Y)

[53] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 14 (pages 316M 154-155Y)

[54] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 16 (pages 318M 155Y)

[55] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 6 (pages 312M 152Y), sec 10 (pages 312-314M 153Y)

[56] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 19 (pages 320M 156-157Y)

[57] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 22 (pages 322M 157Y)

[58] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 19 (pages 320M 156-157Y)

[59] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 1, sec 13 (pages 20M 13Y)

[60] MT Book 5, The Book of Holiness, Sefer Kedushah; Treatise 1 on Forbidden Intercourse, Issurei Bi'ah; Chapter 3, sec 2 (pages 36M 21Y)

[61] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 15 (pages 316-318M 155Y)

[62] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 16 (pages 318M 155Y)

[63] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 10, sec 12 (pages 178M 233-234Y)

[64] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 24 (pages 322M 157-158Y)

[65] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 11, sec 14 (pages 200M 243Y)

[66] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 17 (pages 318M 156Y)

[67] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 18 (pages 320M 156Y)

[68] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 18 (pages 320M 156Y)

[69] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 14, sec 8 (pages 174M 88-89Y)

[70] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 14, secs 9-11 (pages 174-176M 89-90Y)

[71] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 24, sec 2 (pages 308M 151Y)

[72] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 25, sec 1 (pages 324M 158Y)

[73] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 10, sec 12 (pages 178M 233-234Y)

[74] MT Book 4, The Book of Women, Sefer Nashim; Treatise 5 on the Wayward Woman, Sotah; Chapter 1, secs 1-2 (pages 188M 343Y)

[75] MT Book 4, The Book of Women, Sefer Nashim; Treatise 5 on the Wayward Woman, Sotah; Chapter 3, sec 1 (pages 210M 353-354Y)

[76] MT Book 4, The Book of Women, Sefer Nashim; Treatise 5 on the Wayward Woman, Sotah; Chapter 1, sec 2 (pages 188M 343Y)

[77] MT Book 4, The Book of Women, Sefer Nashim; Treatise 5 on the Wayward Woman, Sotah; Chapter 1, sec 9 (pages 192M 345Y)

[78] MT Book 4, The Book of Women, Sefer Nashim; Treatise 5 on the Wayward Woman, Sotah; Chapter 2, sec 1 (pages 198M 348Y)

[79] MT Book 4, The Book of Women, Sefer Nashim; Treatise 5 on the Wayward Woman, Sotah; Chapter 1, sec 5 (pages 190M 344Y)

[80] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 21, sec 16 (pages 272-274M 134Y)

[81] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 21, sec 17 (pages 274M 134Y)

[82] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 21, sec 17 (pages 274M 134Y)

[83] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 21, sec 18 (pages 274M 134-135Y)

[84] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 11, sec 12 (pages 198M 243Y)

[85] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 11, sec 13 (pages 198-200M 243Y)

[86] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 11, sec 18 (pages 202M 244-245Y)

[87] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 11, sec 20 (pages 204M 244-245Y)

[88] MT Book 4, The Book of Women, Sefer Nashim; Treatise 2 on Divorce, Gerushin; Chapter 11, sec 22 (pages 204M 245Y)

[89] SA, Even HaEzer 130:1, 130:19

[90] SA, Even HaEzer 154:110

[91] SA, Even HaEzer 133:1

[92] SA, Even HaEzer 133:3

[93] SA, Even HaEzer 121:1, 121:2

[94] SA, Even HaEzer 121:1

[95] Gen 19:30-38

[96] SA, Even HaEzer 123:1, 154:35

[97] SA, Even HaEzer 123:2

[98] SA, Even HaEzer 121:1

[99] SA, Even HaEzer 121:4

[100] SA, Even HaEzer 55:7, 141:4

[101] SA, Even HaEzer 141:6

[102] SA, Even HaEzer 55:7, 141:5

[103] SA, Even HaEzer 149:1

[104] SA, Even HaEzer 149:5

[105] SA, Even HaEzer 143:1

[106] SA, Even HaEzer 147:1

[107] SA, Even HaEzer 143:2

[108] SA, Even HaEzer 143:3

[109] SA, Even HaEzer 143:8

[110] SA, Even HaEzer 143:19

[111] SA, Even HaEzer 155:1

[112] SA, Even HaEzer 155:3

[113] SA, Even HaEzer 155:4

[114] SA, Even HaEzer 155:6

[115] SA, Even HaEzer 155:1

[116] SA, Even HaEzer 155:2

[117] SA, Even HaEzer 155:12; 155:19

[118] SA, Even HaEzer 155:20

[119] SA, Even HaEzer 155:12

[120] SA, Even HaEzer 155:13

[121] SA, Even HaEzer 155:10

[122] SA, Even HaEzer 2:1

[123] SA, Even HaEzer 119:3, 119:4

[124] SA, Even HaEzer 2:10, 119:6

[125] SA, Even HaEzer 2:10, 119:1

[126] SA, Even HaEzer 132:1

[127] SA, Even HaEzer 11:8

[128] SA, Even HaEzer 154:3

[129] SA, Even HaEzer 76:11

[130] SA, Even HaEzer 77:1

[131] SA, Even HaEzer 76:9-10

[132] SA, Even HaEzer 76:13

[133] SA, Even HaEzer 154:6

[134] SA, Even HaEzer 154:10

[135] SA, Even HaEzer 154:8

[136] SA, Even HaEzer 154:20

[137] SA, Even HaEzer 154:21

[138] SA, Even HaEzer 154:1

[139] SA, Even HaEzer 154:1

[140] SA, Even HaEzer 76:12

[141] SA, Even HaEzer 6:6

[142] SA, Even HaEzer 77:2

[143] SA, Even HaEzer 77:2

[144] SA, Even HaEzer 76:13

[145] SA, Even HaEzer 115:1

[146] SA, Even HaEzer 115:10

[147] SA, Even HaEzer 115:1

[148]SA, Even HaEzer 115:4

[149] SA, Even HaEzer 115:5

[150] SA, Even HaEzer 115:6

[151] SA, Even HaEzer 115:5

[152] SA, Even HaEzer 6:15, 11:1

[153] SA, Even HaEzer 11:1

[154] SA, Even HaEzer 11:1

[155] SA, Even HaEzer 15:7

[156] SA, Even HaEzer 15:6

[157] SA, Even HaEzer 117:1

[158] SA, Even HaEzer 117:4, 117:5

[159] SA, Even HaEzer 117:5, 117:6

[160] SA, Even HaEzer 117:10

[161] SA, Even HaEzer 106:1

[162] SA, Even HaEzer 93:1

[163] SA, Even HaEzer 82:6

[164] SA, Even HaEzer 82:5

[165] SA, Even HaEzer 82:8

[166] SA, Even HaEzer 82:7

[167] SA, Even HaEzer 119:8

[168] SA, Even HaEzer 13:1

[169] SA, Even HaEzer 13:4

[170] SA, Even HaEzer 13:7

[171] SA, Even HaEzer 13:10

[172] SA, Even HaEzer 13:6

[173] SA, Even HaEzer 13:5

[174] Translator's note 4 to Moznaim translation of MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 10, sec 1 (page 119M). Translator's Introduction to Yale translation of MT Book 4, The Book of Women, Sefer Nashim (page xxxivY)

[175] MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 10, sec 1 (pages 118M 61Y)

[176] Translator's note 4 to Moznaim translation of MT Book 4, The Book of Women, Sefer Nashim; Treatise 1 on Marriage, Ishut; Chapter 10, sec 1 (page 119M). Translator's Introduction to Yale translation of MT Book 4, The Book of Women, Sefer Nashim (page xxxivY)