Jewish Divorce

Although changes have been made to Jewish divorce laws, women are continually being mistreated when dealing with the issues of divorce. In biblical times, there were no assurances that women would be protected when faced with a man who wanted a divorce. Furthermore, women were not allowed to initiate the process by asking for one. As time went on, it was recognized that women needed to be somewhat shielded from actions that her husband could take, which she had no control over. Rabbinic law made four major changes to help the plight of women regarding divorce (Biale p.5).

First, the Halackah requires a Get (bill of divorcement), which limits the possibility of a rash, thoughtless divorce (Biale p.6). Second, the Talmud introduces a number of grounds where a woman can seek a divorce. She must appeal to a Beit Din to compel him to divorce her (B. p.6). Furthermore, post-biblical Halackah introduces the Ketubah, which gives financial assurances to women in case of a divorce (B. p.6). Finally, in the Middle ages, the ban of Rabbenu Gershom forbids divorcing a woman against her consent (B. p.6).

Although these assurances are made, it does not hinder the man’s ability to abuse his power when initiating a divorce. The Mishnah cites three opinions regarding legitimate grounds for divorce (B. p.74). In Deuteronomy 24:1, the passage reveals a lot about the practice of divorce. One clause states ...