Friday, September 16, 2022

Grounds for divorce TB Ketubot 72

Today’s daf Ketubot 72 lists grounds for divorce. These are not no-fault divorces. When a husband is at fault, he divorces his wife and must pay the sums of money in the ketubah. When the wife is at fault, she is divorced and loses her ketubah.

The Gemara gives specific examples when the husband makes intolerable demands upon his wife; consequently, he must divorce his wife. “The mishna states: One who vows and obligates his wife not to go to a house of mourning or to a house of feasting for a wedding, must divorce her and give her the payment of her marriage contract, because it is as if he were locking a door in front of her. The Gemara asks: Granted, when he forbids her from going to a house of feasting, there is effectively an act of locking a door in front of her by withholding from her any possibility of rejoicing, but when he forbids her from going to a house of mourning, what locking of a door in front of her is there? He taught: In the future she too will die, and no person will eulogize her or take care of her, just as she did not do so for others. And some say: No person will value her or pay attention to her, since a person who does not visit the sick or console mourners cuts himself off from others.” (Sefaria.org translation) As Yogi Berra once famously said, “always go to other people’s funerals, otherwise they won’t come to yours.” For life to flourish, human beings need to live in reciprocal relationships with others. If a husband demands that his wife become isolated and cannot participate in the life of the community, he must divorce her.

Or he said the vow will be void on condition that she fill something up and pour it into the refuse. The Gemara asks: And let her do it. Rav Yehuda said that Shmuel said: The mishna’s intention is that he demanded that she fill herself up and then shake herself out. This is a euphemistic way of saying that the husband wants her to take measures to prevent herself from becoming pregnant, and she is permitted to protest this” (Sefaria.org translation) In massekhet Yevamot, a reason was given why this is an intolerable demand. The wife wants to become a mother so that her children will take care of for in her old age.

It was taught in a baraita: The case is that he told her to fill up ten jugs of water and pour them into the refuse, a task that involves pointless effort and appears foolish… according to the baraita, which explains that he simply wants her to engage in pointless work, what difference does it make to her? Let her do it. Rabba bar Ḥanna said that Rabbi Yoḥanan said: Because she would appear insane if she were to perform pointless actions, she may therefore demand a divorce. Rav Kahana said: One who vows and obligates his wife not to borrow or not to lend utensils that people generally lend, such as a sifter, or a sieve, or a mill, or an oven, must divorce her and give her the payment of her marriage contract, since by making such rules he causes her to develop a bad reputation among her neighbors, who will suspect her of stinginess or haughtiness.” (Sefaria.org translation) Great is the respect due to all human beings. When the husband demeans his wife by demanding she do things that others will misinterpret and think she’s crazy or acquire a bad reputation, he is not treating her with all due respect and must divorce her.

The Gemara moves on to provide examples where the wife breaks the fundamental trust that a husband and wife must have in order for the marriage to flourish.

MISHNA: And these are examples of women who may be divorced without payment of their marriage contract: A woman who violates the precepts of Moses, i.e., halakha, or the precepts of Jewish women, i.e., custom. The Mishna explains: And who is categorized as a woman who violates the precepts of Moses? This includes cases such as when she feeds him food that has not been tithed, or she engages in sexual intercourse with him while she has the legal status of a menstruating woman, or she does not separate a portion of dough to be given to a priest [ḥalla], or she vows and does not fulfill her vows.

And who is considered a woman who violates the precepts of Jewish women? One who, for example, goes out of her house, and her head, i.e., her hair, is uncovered; or she spins wool in the public marketplace; or she speaks with every man she encounters. Abba Shaul says: Also one who curses his, i.e., her husband’s, parents in his presence. Rabbi Tarfon says: Also a loud woman. And who is defined as a loud woman? When she speaks inside her house and her neighbors hear her voice.” (Sefaria.org translation)

Transgressing a Torah law does not automatically trigger a divorce. All the examples given in the Mishna have one thing in common. Their transgression effects the husband by making him culpable as well. For example, “The mishna stated: She feeds him food that has not been tithed. The Gemara attempts to clarify: What are the circumstances of the case under discussion? If he knows that the food is untithed, he should abstain and not eat it. And if he does not know that the food is untithed, then how does he know that she in fact fed him such food, so that he can divorce her? The Gemara responds: No, it is necessary when she tells him: So-and-so the priest rectified the pile of grain for me by tithing it, and he then went and asked the priest whether he did so, and it was found to be a lie. It is therefore clear that she did not tithe the food before she served it to him.” (Sefaria.org translation) In this case and all the other cases of Torah law, the Gemara explains that the wife lied to her husband thus causing him to sin as well. Lying destroys the trust necessary in the marriage. Without that trust the marriage cannot continue. Since the marriage dissolution is her fault, she loses her ketubah.

“The mishna stated: Abba Shaul says: Also a woman who curses her husband’s parents in his presence violates the precepts of Jewish women. Rav Yehuda said that Shmuel said: Even when she curses his parents in the presence of his children and not in his presence she is considered one who violates Jewish custom. And your mnemonic is “Ephraim and Manasseh will be to me like Reuben and Simeon (Genesis 48:5), which teaches that grandchildren have the status of children. Cursing one’s husband’s parents in front of his children is tantamount to doing so in front of the husband himself. Rabba said: An example is that she said in the presence of her husband’s son: May a lion devour your grandfather.” (Sefaria.org translation)

We all know how wrong it is to speak badly about the other set of grandparents or to speak badly about an ex-spouse in front of the children. “It's painful to find out that someone has been saying bad things about you behind your back. Badmouthing can make you feel like you've had your dignity swiped from you. You may feel like doing damage control that may not be productive.

“Divorce and separation can often leave those involved feeling hostile and resentful, so it is not uncommon to find one or both people involved in badmouthing their ex-spouse behind their back.

“Unfortunately, sometimes it is the children that these two people share that become first-hand witnesses of this badmouthing. When one parent says mean, hurtful things about their co-parent in front of their kids, the children carry the emotional burden of having heard those things. That burden can lead to negative consequences like anxiety, stress, and even grief.

“Between one another, understanding what badmouthing is and dealing with it appropriately is a crucial step towards improving your co-parenting and protecting your children from divorce conflict.” (https://www.ourfamilywizard.com/blog/dealing-badmouthing-co-parent)

 

 

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