Halacha for Thursday 18 Av 5773 July 25 2013

Divorce

In the previous Halachot we have discussed the Mitzvah of marriage. It is well-known that after a woman receives an object from her husband as Kiddushin (halachic betrothal), as is customary nowadays that a man gives a woman a ring as Kiddushin, and all conditions for a halachic Kiddushin are met, the woman is considered married for all intents and purposes.
 
The Method of Divorce
The Torah states (Devarim 24): “When a man takes a woman and lives with her and it will be if she does not find favor in his eyes, for he has found in her an adulterous matter, and he shall write for her a book of severance and he shall place it in her hand and send her away from his house; and when she leaves his house, she shall go and be to another man.”
 
The Torah thus describes a method to break the marital bond between a husband and wife and by doing so, the woman will no longer be categorized as a “married woman” and she will be permitted to marry another man. The Torah further explains that in order to break this bond, the husband must write his wife a “Book of Severance” also known as a “Get” and place this book in her hands. There are many laws pertaining to a Get comprised of many intricate and tedious details found in the Gemara in Masechet Gittin as well as in Shulchan Aruch Even Ha’Ezer and other places.
 
Why is a Bill of Divorce Called a “Get”?
The Tosafot in the beginning of Masechet Gittin write that the reason why a Bill of Divorce is called a “Get” is because the numerical value of the word “Get” (spelled “Gimmel, Tet”) is twelve corresponds to the number of lines written in a Get. There are other reasons for this as well. Others write a nice additional explanation which is that there is no Hebrew word in which the letters “Gimmel” and “Tet” are together one after the other. Therefore, a Bill of Divorce is called a “Get” because the letters “Gimmel” and “Tet” together symbolize separation, as does a Get which symbolizes separation as well.
 
Not to Act Hastily Regarding Divorce
 Although the possibility to terminate a marriage indeed exists, the Gemara and Poskim write that one should not be quick to use this tool; indeed, the Mizbe’ach (Altar) sheds tears for one who divorces his first wife. Unfortunately, nowadays, there are many cases involving divorce common in the Jewish community, but this is not the Torah way. Nevertheless, if all efforts and possibilities have been exhausted and after trying to make peace between the couple, it becomes evident that the marriage cannot last, divorce is an option so that no spouse remains captive to the other. We must point out though that without a Get, there is no permissible option for the wife to marry another man, for she is a married woman; even if the couple has gone through a civil divorce, as long as the woman has not received a Get in accordance with Halacha, she is not considered divorced at all.

8 Halachot Most Popular

The Laws of Bowing During the Amida Prayer-Continued

In the previous Halacha we have discussed the basic laws of bowing during the Amida prayer, i.e. at the beginning and end of the “Magen Avraham” and “Modim” blessings. We have likewise explained the proper way to bow. Let us now discuss whether or not the custom that many hav......

Read Halacha

The Laws of Concentration During the Amida Prayer - The Laws of Bowing During the Amida Prayer

Question: At what points of the Amida should one bow and what is the correct method of bowing? Answer: Our Sages that one should bow several times during the Amida prayer. The blessings during which one must bow within the Amida are as follows: At the beginning and end of the “Magen Avra......

Read Halacha

Mincha Prayer on the Fast of the Tenth of Tevet

By popular request: This year when the Fast of the Tenth of Tevet coincides with Erev Shabbat, what is the best time for Mincha prayers to be held? The Custom Throughout the Year In general, Mincha on Friday afternoons is held in the synagogue approximately twenty minutes before sunset, after wh......

Read Halacha

The Fast of the Tenth of Tevet When it Coincides with Erev Shabbat

This coming Friday will mark the Tenth of Tevet, a public fast day observed throughout the Jewish nation until the arrival of Mashiach which marks the day the king of Babylon besieged Jerusalem with the intent of destroying it. The verse (Yechezkel 24) states: “And the word of Hashem was to me......

Read Halacha


Parashat Bo

(From the teachings of Maran Rabbeinu Ovadia Yosef ztvk”l) (written by his grandson HaRav Yaakov Sasson Shlit”a) (translated by our dear friend Rav Daniel Levy Shlit”a, Leeds UK) Examining the Significance of Certain Phrases Used Regarding the Plagues, and the Differen......

Read Halacha

Parashat Vaera

(From the teachings of Maran Rabbeinu Ovadia Yosef ztvk”l) (written by his grandson HaRav Yaakov Sasson Shlit”a) (translated by our dear friend Rav Daniel Levy Shlit”a, Leeds UK) Hashem’s Divine Providence (Hashgachah Pratit) and The Epic Story of Hananyah, Mishael an......

Read Halacha

The Custom of Spreading One’s Palms Wide Open While Reciting the Verse “Pote’ach Et Yadecha”

Question: Is there any basis for the custom of opening one’s hands wide while reciting the verse “Pote’ach Et Yadecha U’Masbia Le’Chol Chai Ratzon” or is this an incorrect custom? Similarly, should one rise while reciting “Yishtabach Shimcha” during th......

Read Halacha

Lighting Chanukah Candles on Motza’ei Shabbat and Electric Chanukah Candles

On Motza’ei Shabbat Chanukah, in the synagogue, Chanukah candles are lit first and only following this is Havdala recited in order to delay the departure of Shabbat as much as possible. Although the one lighting the Chanukah candles removes the sanctity of Shabbat from himself, nevertheless, t......

Read Halacha