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Marriage, Divorce and So Much More
The only laws concerning marriage in the entire Bible are found in Ezra-Nehemiah, the latest historical book, written after the return from Babylonian Exile, probably in the 5th Century, BCE. There are rule concerning who you may NOT marry (sisters, mothers, etc.) but no rule concerning HOW to marry. Instead, we rely on stories such as this one:
Rebekkah makes a choice. Note how Abraham phrases his order to Eliezer.
(א) וְאַבְרָהָ֣ם זָקֵ֔ן בָּ֖א בַּיָּמִ֑ים וַֽיהֹוָ֛ה בֵּרַ֥ךְ אֶת־אַבְרָהָ֖ם בַּכֹּֽל׃ (ב) וַיֹּ֣אמֶר אַבְרָהָ֗ם אֶל־עַבְדּוֹ֙ זְקַ֣ן בֵּית֔וֹ הַמֹּשֵׁ֖ל בְּכׇל־אֲשֶׁר־ל֑וֹ שִֽׂים־נָ֥א יָדְךָ֖ תַּ֥חַת יְרֵכִֽי׃ (ג) וְאַשְׁבִּ֣יעֲךָ֔ בַּֽיהֹוָה֙ אֱלֹהֵ֣י הַשָּׁמַ֔יִם וֵֽאלֹהֵ֖י הָאָ֑רֶץ אֲשֶׁ֨ר לֹֽא־תִקַּ֤ח אִשָּׁה֙ לִבְנִ֔י מִבְּנוֹת֙ הַֽכְּנַעֲנִ֔י אֲשֶׁ֥ר אָנֹכִ֖י יוֹשֵׁ֥ב בְּקִרְבּֽוֹ׃ (ד) כִּ֧י אֶל־אַרְצִ֛י וְאֶל־מוֹלַדְתִּ֖י תֵּלֵ֑ךְ וְלָקַחְתָּ֥ אִשָּׁ֖ה לִבְנִ֥י לְיִצְחָֽק׃ (ה) וַיֹּ֤אמֶר אֵלָיו֙ הָעֶ֔בֶד אוּלַי֙ לֹא־תֹאבֶ֣ה הָֽאִשָּׁ֔ה לָלֶ֥כֶת אַחֲרַ֖י אֶל־הָאָ֣רֶץ הַזֹּ֑את הֶֽהָשֵׁ֤ב אָשִׁיב֙ אֶת־בִּנְךָ֔ אֶל־הָאָ֖רֶץ אֲשֶׁר־יָצָ֥אתָ מִשָּֽׁם׃ (ו) וַיֹּ֥אמֶר אֵלָ֖יו אַבְרָהָ֑ם הִשָּׁ֣מֶר לְךָ֔ פֶּן־תָּשִׁ֥יב אֶת־בְּנִ֖י שָֽׁמָּה׃ (ז) יְהֹוָ֣ה ׀ אֱלֹהֵ֣י הַשָּׁמַ֗יִם אֲשֶׁ֨ר לְקָחַ֜נִי מִבֵּ֣ית אָבִי֮ וּמֵאֶ֣רֶץ מֽוֹלַדְתִּי֒ וַאֲשֶׁ֨ר דִּבֶּר־לִ֜י וַאֲשֶׁ֤ר נִֽשְׁבַּֽע־לִי֙ לֵאמֹ֔ר לְזַ֨רְעֲךָ֔ אֶתֵּ֖ן אֶת־הָאָ֣רֶץ הַזֹּ֑את ה֗וּא יִשְׁלַ֤ח מַלְאָכוֹ֙ לְפָנֶ֔יךָ וְלָקַחְתָּ֥ אִשָּׁ֛ה לִבְנִ֖י מִשָּֽׁם׃ (ח) וְאִם־לֹ֨א תֹאבֶ֤ה הָֽאִשָּׁה֙ לָלֶ֣כֶת אַחֲרֶ֔יךָ וְנִקִּ֕יתָ מִשְּׁבֻעָתִ֖י זֹ֑את רַ֣ק אֶת־בְּנִ֔י לֹ֥א תָשֵׁ֖ב שָֽׁמָּה׃
(1) Abraham was now old, advanced in years, and יהוה had blessed Abraham in all things. (2) And Abraham said to the senior servant of his household, who had charge of all that he owned, “Put your hand under my thigh (3) and I will make you swear by יהוה, the God of heaven and the God of the earth, that you will not take a wife for my son from the daughters of the Canaanites among whom I dwell, (4) but will go to the land of my birth and get a wife for my son Isaac.” (5) And the servant said to him, “What if the woman does not consent to follow me to this land, shall I then take your son back to the land from which you came?” (6) Abraham answered him, “On no account must you take my son back there! (7) יהוה, the God of heaven—who took me from my father’s house and from my native land, who promised me on oath, saying, ‘I will assign this land to your offspring’—will send a messenger before you, and you will get a wife for my son from there. (8) And if the woman does not consent to follow you, you shall then be clear of this oath to me; but do not take my son back there.”
(נז) וַיֹּאמְר֖וּ נִקְרָ֣א לַֽנַּעֲרָ֑ וְנִשְׁאֲלָ֖ה אֶת־פִּֽיהָ׃ (נח) וַיִּקְרְא֤וּ לְרִבְקָה֙ וַיֹּאמְר֣וּ אֵלֶ֔יהָ הֲתֵלְכִ֖י עִם־הָאִ֣ישׁ הַזֶּ֑ה וַתֹּ֖אמֶר אֵלֵֽךְ׃ (נט) וַֽיְשַׁלְּח֛וּ אֶת־רִבְקָ֥ה אֲחֹתָ֖ם וְאֶת־מֵנִקְתָּ֑הּ וְאֶת־עֶ֥בֶד אַבְרָהָ֖ם וְאֶת־אֲנָשָֽׁיו׃
(57) And they said, “Let us call the girl and ask for her reply.” (58) They called Rebekah and said to her, “Will you go with this man?” And she said, “I will.” (59) So they sent off their sister Rebekah and her nurse along with Abraham’s servant and his entourage.
(טו) עֶרְוַ֥ת כַּלָּֽתְךָ֖ לֹ֣א תְגַלֵּ֑ה אֵ֤שֶׁת בִּנְךָ֙ הִ֔וא לֹ֥א תְגַלֶּ֖ה עֶרְוָתָֽהּ׃ {ס} (טז) עֶרְוַ֥ת אֵֽשֶׁת־אָחִ֖יךָ לֹ֣א תְגַלֵּ֑ה עֶרְוַ֥ת אָחִ֖יךָ הִֽוא׃ {ס} (יז) עֶרְוַ֥ת אִשָּׁ֛ה וּבִתָּ֖הּ לֹ֣א תְגַלֵּ֑ה אֶֽת־בַּת־בְּנָ֞הּ וְאֶת־בַּת־בִּתָּ֗הּ לֹ֤א תִקַּח֙ לְגַלּ֣וֹת עֶרְוָתָ֔הּ שַׁאֲרָ֥ה הֵ֖נָּה זִמָּ֥ה הִֽוא׃ (יח) וְאִשָּׁ֥ה אֶל־אֲחֹתָ֖הּ לֹ֣א תִקָּ֑ח לִצְרֹ֗ר לְגַלּ֧וֹת עֶרְוָתָ֛הּ עָלֶ֖יהָ בְּחַיֶּֽיהָ׃ (יט) וְאֶל־אִשָּׁ֖ה בְּנִדַּ֣ת טֻמְאָתָ֑הּ לֹ֣א תִקְרַ֔ב לְגַלּ֖וֹת עֶרְוָתָֽהּ׃ (כ) וְאֶל־אֵ֙שֶׁת֙ עֲמִֽיתְךָ֔ לֹא־תִתֵּ֥ן שְׁכׇבְתְּךָ֖ לְזָ֑רַע לְטׇמְאָה־בָֽהּ׃ (כא) וּמִֽזַּרְעֲךָ֥ לֹא־תִתֵּ֖ן לְהַעֲבִ֣יר לַמֹּ֑לֶךְ וְלֹ֧א תְחַלֵּ֛ל אֶת־שֵׁ֥ם אֱלֹהֶ֖יךָ אֲנִ֥י יְהֹוָֽה׃ (כב) וְאֶ֨ת־זָכָ֔ר לֹ֥א תִשְׁכַּ֖ב מִשְׁכְּבֵ֣י אִשָּׁ֑ה תּוֹעֵבָ֖ה הִֽוא׃ (כג) וּבְכׇל־בְּהֵמָ֛ה לֹא־תִתֵּ֥ן שְׁכׇבְתְּךָ֖ לְטׇמְאָה־בָ֑הּ וְאִשָּׁ֗ה לֹֽא־תַעֲמֹ֞ד לִפְנֵ֧י בְהֵמָ֛ה לְרִבְעָ֖הּ תֶּ֥בֶל הֽוּא׃ (כד) אַל־תִּֽטַּמְּא֖וּ בְּכׇל־אֵ֑לֶּה כִּ֤י בְכׇל־אֵ֙לֶּה֙ נִטְמְא֣וּ הַגּוֹיִ֔ם אֲשֶׁר־אֲנִ֥י מְשַׁלֵּ֖חַ מִפְּנֵיכֶֽם׃
(15) Do not uncover the nakedness of your daughter-in-law: she is your son’s wife; you shall not uncover her nakedness. (16) Do not uncover the nakedness of your brother’s wife; it is the nakedness of your brother. (17) Do not uncover the nakedness of a woman and her daughter; nor shall you take [into your household as a wife] her son’s daughter or her daughter’s daughter and uncover her nakedness: they are kindred; it is depravity. (18) Do not take [into your household as a wife] a woman as a rival to her sister and uncover her nakedness in the other’s lifetime. (19) Do not come near a woman during her menstrual period of impurity to uncover her nakedness. (20) Do not have carnal relations with your neighbor’s wife and defile yourself with her. (21) Do not allow any of your offspring to be offered up to Molech, and do not profane the name of your God: I am יהוה. (22) Do not lie with a male as one lies with a woman; it is an abhorrence. (23) Do not have carnal relations with any beast and defile yourself thereby. Likewise for a woman: she shall not lend herself to a beast to mate with it; it is perversion. (24) Do not defile yourselves in any of those ways, for it is by such that the nations that I am casting out before you defiled themselves.
(י) וְהַכֹּהֵן֩ הַגָּד֨וֹל מֵאֶחָ֜יו אֲֽשֶׁר־יוּצַ֥ק עַל־רֹאשׁ֣וֹ ׀ שֶׁ֤מֶן הַמִּשְׁחָה֙ וּמִלֵּ֣א אֶת־יָד֔וֹ לִלְבֹּ֖שׁ אֶת־הַבְּגָדִ֑ים אֶת־רֹאשׁוֹ֙ לֹ֣א יִפְרָ֔ע וּבְגָדָ֖יו לֹ֥א יִפְרֹֽם׃ (יא) וְעַ֛ל כׇּל־נַפְשֹׁ֥ת מֵ֖ת לֹ֣א יָבֹ֑א לְאָבִ֥יו וּלְאִמּ֖וֹ לֹ֥א יִטַּמָּֽא׃ (יב) וּמִן־הַמִּקְדָּשׁ֙ לֹ֣א יֵצֵ֔א וְלֹ֣א יְחַלֵּ֔ל אֵ֖ת מִקְדַּ֣שׁ אֱלֹהָ֑יו כִּ֡י נֵ֠זֶר שֶׁ֣מֶן מִשְׁחַ֧ת אֱלֹהָ֛יו עָלָ֖יו אֲנִ֥י יְהֹוָֽה׃ (יג) וְה֕וּא אִשָּׁ֥ה בִבְתוּלֶ֖יהָ יִקָּֽח׃ (יד) אַלְמָנָ֤ה וּגְרוּשָׁה֙ וַחֲלָלָ֣ה זֹנָ֔ה אֶת־אֵ֖לֶּה לֹ֣א יִקָּ֑ח כִּ֛י אִם־בְּתוּלָ֥ה מֵעַמָּ֖יו יִקַּ֥ח אִשָּֽׁה׃ (טו) וְלֹֽא־יְחַלֵּ֥ל זַרְע֖וֹ בְּעַמָּ֑יו כִּ֛י אֲנִ֥י יְהֹוָ֖ה מְקַדְּשֽׁוֹ׃ {ס}
(10) The priest who is exalted above his fellows, on whose head the anointing oil has been poured and who has been ordained to wear the vestments, shall not bare his head or rend his vestments. (11) He shall not go in where there is any dead body; he shall not defile himself even for his father or mother. (12) He shall not go outside the sanctuary and profane the sanctuary of his God, for upon him is the distinction of the anointing oil of his God, Mine יהוה’s. (13) He may take [into his household as his wife] only a woman who is a virgin. (14) A widow, or a divorced woman, or one who is degraded by harlotry—such he may not take. Only a virgin of his own kin may he take as his wife— (15) that he may not profane his offspring among his kin, for I יהוה have sanctified him.
Matrilineal descent and the ban on intermarriage. Until the return from exile, lineage was determined through the father, not the mother. Also, it was common for Israelite/Jewish men to marry non-Jews/Israelites without penalty - except for Ammonites and Moabites, Ruth notwithstanding.
(כג) גַּ֣ם ׀ בַּיָּמִ֣ים הָהֵ֗ם רָאִ֤יתִי אֶת־הַיְּהוּדִים֙ הֹשִׁ֗יבוּ נָשִׁים֙ (אשדודיות) [אַשְׁדֳּדִיּ֔וֹת] (עמוניות) [עַמֳּנִיּ֖וֹת] מוֹאֲבִיּֽוֹת׃ (כד) וּבְנֵיהֶ֗ם חֲצִי֙ מְדַבֵּ֣ר אַשְׁדּוֹדִ֔ית וְאֵינָ֥ם מַכִּירִ֖ים לְדַבֵּ֣ר יְהוּדִ֑ית וְכִלְשׁ֖וֹן עַ֥ם וָעָֽם׃ (כה) וָאָרִ֤יב עִמָּם֙ וָאֲקַֽלְלֵ֔ם וָאַכֶּ֥ה מֵהֶ֛ם אֲנָשִׁ֖ים וָֽאֶמְרְטֵ֑ם וָאַשְׁבִּיעֵ֣ם בֵּֽאלֹהִ֗ים אִם־תִּתְּנ֤וּ בְנֹֽתֵיכֶם֙ לִבְנֵיהֶ֔ם וְאִם־תִּשְׂאוּ֙ מִבְּנֹ֣תֵיהֶ֔ם לִבְנֵיכֶ֖ם וְלָכֶֽם׃ (כו) הֲל֣וֹא עַל־אֵ֣לֶּה חָטָֽא־שְׁלֹמֹ֣ה מֶ֣לֶךְ יִשְׂרָאֵ֡ל וּבַגּוֹיִ֣ם הָרַבִּים֩ לֹֽא־הָיָ֨ה מֶ֜לֶךְ כָּמֹ֗הוּ וְאָה֤וּב לֵֽאלֹהָיו֙ הָיָ֔ה וַיִּתְּנֵ֣הוּ אֱלֹהִ֔ים מֶ֖לֶךְ עַל־כׇּל־יִשְׂרָאֵ֑ל גַּם־אוֹת֣וֹ הֶחֱטִ֔יאוּ הַנָּשִׁ֖ים הַנׇּכְרִיּֽוֹת׃
(23) Also at that time, I saw that Jews had married Ashdodite, Ammonite, and Moabite women; (24) a good number of their children spoke the language of Ashdod and the language of those various peoples, and did not know how to speak Judean. (25) I censured them, cursed them, flogged them, tore out their hair, and adjured them by God, saying, “You shall not give your daughters in marriage to their sons, or take any of their daughters for your sons or yourselves. (26) It was just in such things that King Solomon of Israel sinned! Among the many nations there was not a king like him, and so well loved was he by his God that God made him king of all Israel, yet foreign wives caused even him to sin.
It seems that bi'ah (marriage consummation) and the giving of gifts to the bride's father are the only attestations of marriage found in the Tanach. The ceremony itself is a post-Biblical development.
Marriage in the Mishnah
(א) הָאִשָּׁה נִקְנֵית בְּשָׁלשׁ דְּרָכִים, וְקוֹנָה אֶת עַצְמָהּ בִּשְׁתֵּי דְרָכִים. נִקְנֵית בְּכֶסֶף, בִּשְׁטָר, וּבְבִיאָה. בְּכֶסֶף, בֵּית שַׁמַּאי אוֹמְרִים, בְּדִינָר וּבְשָׁוֶה דִינָר. וּבֵית הִלֵּל אוֹמְרִים, בִּפְרוּטָה וּבְשָׁוֶה פְרוּטָה. וְכַמָּה הִיא פְרוּטָה, אֶחָד מִשְּׁמֹנָה בָאִסָּר הָאִיטַלְקִי. וְקוֹנָה אֶת עַצְמָהּ בְּגֵט וּבְמִיתַת הַבָּעַל. הַיְבָמָה נִקְנֵית בְּבִיאָה. וְקוֹנָה אֶת עַצְמָהּ בַּחֲלִיצָה וּבְמִיתַת הַיָּבָם:
(1) A woman is acquired by, i.e., becomes betrothed to, a man to be his wife in three ways, and she acquires herself, i.e., she terminates her marriage, in two ways. The mishna elaborates: She is acquired through money, through a document, and through sexual intercourse. With regard to a betrothal through money, there is a dispute between tanna’im: Beit Shammai say that she can be acquired with one dinar or with anything that is worth one dinar. And Beit Hillel say: She can be acquired with one peruta, a small copper coin, or with anything that is worth one peruta. The mishna further clarifies: And how much is the value of one peruta, by the fixed value of silver? The mishna explains that it is one-eighth of the Italian issar, which is a small silver coin. And a woman acquires herself through a bill of divorce or through the death of the husband. A woman whose husband, who had a brother, died childless [yevama], can be acquired by the deceased husband’s brother, the yavam, only through intercourse. And she acquires herself, i.e., she is released from her levirate bond, through ḥalitza or through the death of the yavam.
The "document" referenced above is the Ketubah.
The structure of a Jewish wedding is as follows:
Erusin: The formal engagement.
1. Circling before the Chuppah.
2. Exchange of rings.
3. Kiddush
Nisuin: The formal marriage
1. Sheva Berachot
2. Reading of the Ketubah
3. Kiddush
4. Breaking of the glass
Sample of the Orthodox Hebrew text of the Ketubah
On the ______day of the week, the _________day of the month ______ in the year five thousand seven hundred and ______ since the creation of the world, the era according to which we reckon here in the city of _________________ that ________ son of _________ said to this (virgin) _________daughter of _____.
"Be my wife according to the practice of Moses and Israel, and I will cherish, honor, support and maintain you in accordance with the custom of Jewish husbands who cherish, honor, support and maintain their wives faithfully. And I here present you with the marriage gift of (virgins), (two hundred) silver zuzim, which belongs to you, according the the law of Moses and Israel; and I will also give you your food, clothing and necessities, and live with you as husband and wife according to universal custom." And Miss_____, this (virgin) consented and became his wife. The trousseau that she brought to him from her (father's) house in silver, gold, valuables, clothing, furniture and bedclothes, all this ________, the said bridegroom accepted in the sum of (one hundred ) silver pieces, and ______ the bridegroom, consented to increase this amount from his own property with the sum of (one hundred) silver pieces, making in all (two hundred) silver pieces. And thus said __________, the bridegroom: "The responsibility of this marriage contract, of this trousseau, and of this additional sum, I take upon myself and my heirs after me, so that they shall be paid from the best part of my property and possession that I have beneath the whole heaven, that which I now possess or may hereafter acquire. All my property, real and personal, even the shirt from my back, shall be mortgaged to secure the payment of this marriage contract, of the trousseau, and of the addition made to it, during my lifetime and after my death, from the present day and forever." _______, the bridegroom, has taken upon himself the responsibility of this marriage contract, of the trousseau and the additon made to it, according to the restrictive usages of all marriage contracts and the additons to them made for the daughters of Israel, according to the institution of our sages of blessed memory. It is not to be regarded as a mere forfeiture without consideration or as a mere formula of a document. We have followed the legal formality of symbolic delivery (kinyan) between ______the son of _______, the bridegroom and _______ the daughter of _______ this (virgin), and we have used a garment legally fit for the purpose, to strengthen all that is stated above, and everything is valid and confirmed.
Attested to________________________ Witness
Attested to________________________ Witness
The Conservative Text with Lieberman Clause
Sample of the Conservative Hebrew text
The Conservative text for a ketubah.
The Conservative Text uses the same text as the Orthodox (as shown above), but adds at the end a paragraph known as the "Lieberman Clause". This additional clause translates as:
And both together agreed that if this marriage shall ever be dissolved under civil law, then either husband or wife may invoke the authority of the Beth Din of the Rabbinical Assembly and the Jewish Theological Seminary of America or its duly authorized representatives, to decide what action by either spouse is then appropriate under Jewish matrimonial law; and if either spouse shall fail to honor the demand of the other or to carry out the decision of the Beth Din or its representative, then the other spouse may invoke any and all remedies available in civil law and equity to enforce compliance with the Beth Din's decision and this solemn obligation.
Sheva Berachot
1 Blessed are you, Lord our God, Ruler of the Universe, who creates the fruit of the vine.
2 Blessed are you, Lord our God, Ruler of the Universe, who created everything for His glory.
3 Blessed are you, Lord our God, Ruler of the Universe, who created humanity.
4 Blessed are you, Lord our God, Ruler of the Universe, who created humanity in His image, in the image of the likeness of his form, and made for them an everlasting establishment. Blessed are you, Lord, who created humanity.
5 May the barren one (Jerusalem) rejoice greatly and delight in the ingathering of her children within her in joy. Blessed are you Lord who causes Zion to rejoice with her children.
6 The loving partners shall rejoice as You caused your creatures to delight in the Garden of Eden of old. Blessed are you Lord who causes the groom and bride to rejoice.
7 Blessed are you, Lord our God, Ruler of the Universe, who creates happiness and joy, groom and bride. Exultation, delight, amusement, and pleasure, love and brotherhood, peace and friendship. Soon, Lord our God, may the sound of happiness and the sound of joy and the voice of the groom and the voice of the bride be heard in the cities of Judah and the streets of Jerusalem — the rejoicing of groom from their huppahs and youths from their singing banquets. Blessed are you Lord who makes the groom rejoice with the bride.
DIVORCE
(א) כִּֽי־יִקַּ֥ח אִ֛ישׁ אִשָּׁ֖ה וּבְעָלָ֑הּ וְהָיָ֞ה אִם־לֹ֧א תִמְצָא־חֵ֣ן בְּעֵינָ֗יו כִּי־מָ֤צָא בָהּ֙ עֶרְוַ֣ת דָּבָ֔ר וְכָ֨תַב לָ֜הּ סֵ֤פֶר כְּרִיתֻת֙ וְנָתַ֣ן בְּיָדָ֔הּ וְשִׁלְּחָ֖הּ מִבֵּיתֽוֹ׃ (ב) וְיָצְאָ֖ה מִבֵּית֑וֹ וְהָלְכָ֖ה וְהָיְתָ֥ה לְאִישׁ־אַחֵֽר׃ (ג) וּשְׂנֵאָהּ֮ הָאִ֣ישׁ הָאַחֲרוֹן֒ וְכָ֨תַב לָ֜הּ סֵ֤פֶר כְּרִיתֻת֙ וְנָתַ֣ן בְּיָדָ֔הּ וְשִׁלְּחָ֖הּ מִבֵּית֑וֹ א֣וֹ כִ֤י יָמוּת֙ הָאִ֣ישׁ הָאַחֲר֔וֹן אֲשֶׁר־לְקָחָ֥הּ ל֖וֹ לְאִשָּֽׁה׃ (ד) לֹא־יוּכַ֣ל בַּעְלָ֣הּ הָרִאשׁ֣וֹן אֲשֶֽׁר־שִׁ֠לְּחָ֠הּ לָשׁ֨וּב לְקַחְתָּ֜הּ לִהְי֧וֹת ל֣וֹ לְאִשָּׁ֗ה אַחֲרֵי֙ אֲשֶׁ֣ר הֻטַּמָּ֔אָה כִּֽי־תוֹעֵבָ֥ה הִ֖וא לִפְנֵ֣י יְהֹוָ֑ה וְלֹ֤א תַחֲטִיא֙ אֶת־הָאָ֔רֶץ אֲשֶׁר֙ יְהֹוָ֣ה אֱלֹהֶ֔יךָ נֹתֵ֥ן לְךָ֖ נַחֲלָֽה׃ {ס} (ה) כִּֽי־יִקַּ֥ח אִישׁ֙ אִשָּׁ֣ה חֲדָשָׁ֔ה לֹ֤א יֵצֵא֙ בַּצָּבָ֔א וְלֹא־יַעֲבֹ֥ר עָלָ֖יו לְכׇל־דָּבָ֑ר נָקִ֞י יִהְיֶ֤ה לְבֵיתוֹ֙ שָׁנָ֣ה אֶחָ֔ת וְשִׂמַּ֖ח אֶת־אִשְׁתּ֥וֹ אֲשֶׁר־לָקָֽח׃
(1) A man takes a woman [into his household as his wife] and becomes her husband. She fails to please him because he finds something obnoxious about her, and he writes her a bill of divorcement, hands it to her, and sends her away from his house; (2) she leaves his household and becomes [the wife] of another man ; (3) then this latter man rejects her, writes her a bill of divorcement, hands it to her, and sends her away from his household; or the man dies who had last taken her as his wife. (4) Then the first husband who divorced her shall not take her [into his household] to become his wife again, since she has been defiled —for that would be abhorrent to יהוה. You must not bring sin upon the land that your God יהוה is giving you as a heritage. (5) When a man has newly taken a woman [into his household as his wife], he shall not go out with the army or be assigned to it for any purpose; he shall be exempt one year for the sake of his household, to give happiness to the woman he has taken.
The husband must instigate the divorce. Except for extreme cases, a woman may not ask a Bet Din for a divorce.
If a woman is abandoned (the Agunah), she may not remarry until her husband issues a Get or is determined to have died.
Should a woman marry another Jew w/o first obtaining a Get, it is an adulterous relationship; their children are mamzerim, outcasts, who can only marry other mamzerim.
A sofer (scribe) must write the Get in the presence of witnesses. After the husband signs it, it is folded, cut, and delivered into the wife's open hands. A messenger (Shaliach) can deliver the Get if the wife is not present.
(ו) הָאוֹמֵר, תֵּן גֵּט זֶה לְאִשְׁתִּי וּשְׁטָר שִׁחְרוּר זֶה לְעַבְדִּי, אִם רָצָה לַחֲזֹר בִּשְׁנֵיהֶן, יַחֲזֹר, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים, בְּגִטֵּי נָשִׁים, אֲבָל לֹא בְשִׁחְרוּרֵי עֲבָדִים, לְפִי שֶׁזָּכִין לָאָדָם שֶׁלֹּא בְּפָנָיו וְאֵין חָבִין לוֹ אֶלָּא בְּפָנָיו. שֶׁאִם יִרְצֶה שֶׁלֹּא לָזוּן אֶת עַבְדּוֹ, רַשַּׁאי. וְשֶׁלֹּא לָזוּן אֶת אִשְׁתּוֹ, אֵינוֹ רַשָּׁאי. אָמַר לָהֶם, וַהֲרֵי הוּא פוֹסֵל אֶת עַבְדּוֹ מִן הַתְּרוּמָה כְּשֵׁם שֶׁהוּא פוֹסֵל אֶת אִשְׁתּוֹ. אָמְרוּ לוֹ, מִפְּנֵי שֶׁהוּא קִנְיָנוֹ. הָאוֹמֵר, תְּנוּ גֵט זֶה לְאִשְׁתִּי, וּשְׁטָר שִׁחְרוּר זֶה לְעַבְדִּי, וּמֵת, לֹא יִתְּנוּ לְאַחַר מִיתָה. תְּנוּ מָנֶה לְאִישׁ פְּלוֹנִי, וּמֵת, יִתְּנוּ לְאַחַר מִיתָה:
(6) With regard to one who says to another: Give this bill of divorce to my wife, or: Give this bill of manumission to my slave, if before the document reaches the woman or the slave the giver wishes to retract his decision, then with regard to both of them, he can retract. This is the statement of Rabbi Meir. And the Rabbis say: One can retract his decision in the case of bills of divorce but not in the case of bills of manumission. The Rabbis explain the reason for their ruling: This is because one can act in a person’s interest in his absence, and therefore the agent acquires the document on behalf of the slave from the moment the owner hands the bill of manumission to the agent. But one can act to a person’s detriment only in his presence. The receipt of a bill of divorce is considered to be to a woman’s detriment, and therefore an agent cannot receive it for her without her consent. They explain further: The emancipation of a slave is in his interests, despite the fact that he receives sustenance from his master while a slave, as, if the master wishes not to sustain his slave he is allowed not to provide him with sustenance. This demonstrates that slavery is not in the interest of the slave, as he does not receive any guaranteed benefit. But if a husband wishes not to sustain his wife, he is not allowed to proceed in this manner. Consequently, marriage is in the interests of the woman. Rabbi Meir said to the Rabbis: But even so, it is not in the interest of a slave to be emancipated, as, if his master is a priest, he disqualifies his slave from partaking of teruma by emancipating him, just as a husband who is a priest disqualifies his Israelite wife from partaking of teruma by divorcing her. The Rabbis said to him: It is permitted for a priest’s slave to partake of teruma not because he has a right to sustenance, but rather because he is his master’s acquisition. In the case of one who says: Give this bill of divorce to my wife, or: Give this bill of manumission to my slave, and then he dies, one does not give it after his death. The reason for this is that bills of divorce and manumission must be transferred by the husband or the master. Once he has died the document can no longer be given, and the agency he appointed for this purpose is likewise canceled. However, if he said: Give one hundred dinars to so-and-so, and then he died, one does give the recipient the money after his death.
Text of a Get
On the __________ day of the week, the __________ day of the month of __________ in the year __________ after creation of the world, according to the calendaric calculations that we count here, in the city __________, which is situated on the__________ river, and situated near springs of water, I, __________ the son of __________, who today am present in the city __________, which is situated on the__________ river, and situated near springs of water, willingly consent, being under no duress, to release, discharge, and divorce you [to be] on your own, you, my wife __________, daughter of __________, who are today in the city of __________, which is situated on the__________ river, and situated near springs of water, who has hitherto been my wife. And now I do release, discharge, and divorce you [to be] on your own, so that you are permitted and have authority over yourself to go and marry any man you desire. No person may object against you from this day onward, and you are permitted to every man. This shall be for you from me a bill of dismissal, a letter of release, and a document of absolution, in accordance with the law of Moses and Israel.
_________ the son of _________ — witness
_________ the son of _________ — witness.