The Jewish Law of Divorce According to Bible and Talmud

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The Jewish Law of Divorce According to Bible and Talmud

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  • 製本 Hardcover:ハードカバー版/ページ数 224 p.
  • 言語 ENG
  • 商品コード 9780548160206
  • DDC分類 296

Table of Contents

CHAPTER I. INTRODUCTORY.                           9
The Value of the Study of Biblical and
Talmudic Laws
The Evolution of the Law
The Torah
The Chain of Oral Tradition
The Mishnah
The Disputes of the Pharisees and Sadducees
The Gemara
The Authority of the Talmud
The Codes of Maimonides, Asheri and Karo
The Law a Living Organism
CHAPTER II. THE ANCIENT THEORY OF DIVORCE. 22
The Patriarch and his Family
His Absolute Power
The Right of the Husband to Divorce his Wife
at his Pleasure
His Right pre-Mosaic
Restrictions laid upon him by the
Deuteronomic Code
The Law of the False Accusation of
Antenuptial Incontinence
The Law of the Ravisher
The Protest of Malachi
CHAPTER III. THE VIEWS OF THE TALMUDISTS AND OF 32
JESUS.
The Discussion between the Schools of Hind
and Shammai
Philo
Josephus
The Dicta of Jesus
Ethical Views
Divorce by Mutual Consent
Divorce Sometimes Recommended
CHAPTER IV. LAWS OF THE MISHNAH RESTRICTING THE 41
HUSBAND'S RIGHT TO DIVORCE.
Modifying the Severity of the Biblical Laws
of the False Accusation of Antenuptial
incontinence and of the Ravisher
The Insane Wife
The Captive
The Minor
The Formalities of Divorce Procedure
The Law of the Wife's Dowry
Denial of the Husband's Right to "Annul the
Bill of Divorce"
When the Husband is non compos mentis
Deaf-Mute
The Culmination of these Restrictions in the
Decree of Rabbi Gershom of Mayence
CHAPTER V. THE WIFE'S RIGHT TO SUE FOR DIVORCE. 54
The Germ of the Wife's Right Found in the
Bible
Jurisdiction of the Courts to Compel the
Husband to Grant the Bill of Divorce
The Question of Duress
The Acts of non-Jewish Courts
The Wife could Sue for Divorce, but could not
Give a Bill of Divorce to her Husband
Influence of Roman Law during the last Days
of the Jewish State
CHAPTER VI. CAUSES ENTITLING THE WIFE TO A 63
DIVORCE UNDER TALMUDIC LAW.
False Accusation of Antenuptial Incontinence
Refusal of Conjugal Rights
Impotence
Vow of Abstention
Priest's Wife
Physical Blemishes, etc.
Leprosy
Non-support
Restricting Wife's Lawful Freedom
Wife-beating
Desertion
Apostasy
Licentiousness
Divorce of Betrothed Wife
CHAPTER VII. RECONCILIATION AND REMARRIAGE. 78
Attempt to Reconcile the Couple a Duty of the
Rabbis Under the Law
Rabbi was Legal and Spiritual Adviser
Absolving Husband from Vow to Divorce his Wife
Reconciliation after the Divorce has taken
place
Remarriage of Divorced Couple
Prohibition of the Remarriage of the Divorced
Couple after the Wife had been Married to
Another
The Deuteronomic Law
Views of Philo and Jesus
Mohammedan Law
The Issue of such Unlawful Marriage is
nevertheless Legitimate
Other Persons whom the Divorced Wife may not
Marry
CHAPTER VIII. JUDICIAL SEPARATIONS UNDER THE 89
QUASI CRIMINAL JURISDICTION OF THE RABBIS.
Incest
Marriage of Hebrew and Heathen
The Great Reform of Ezra
Mamzer
Nethin
Adulteress and Paramour
The Ordeal of the Bitter Waters
Lepers
Forbidden Marriages of the Priests
Remarriage of the Divorced Couple after the
Wife had been Married to Another
Yebama
Childless Marriages
CHAPTER IX. THE LEGAL AND SOCIAL STATUS OF THE 101
DIVORCED WOMAN.
Divorced Woman is Sui Juris
Cannot Marry a Kohen (Priest)
Under the Old Law no Odium Attached to the
Divorced Woman
Change Under Later Law
Divorced Woman Liable for her Torts
Bound by her Vows
She may Give Herself in Marriage to Anyone
If Suspected of Adultery she Cannot Marry her
Paramour
Nor the Messenger Bringing her Bill of Divorce
Nor the Rabbi who Refuses to Absolve her Vows
She must not Marry within Three Months after
her Divorce
CHAPTER X. THE PROPERTY RIGHTS OF THE DIVORCED 111
WOMAN AND THE CUSTODY AND MAINTENANCE OF HER
CHILDREN.
The Kethubah
The Biblical Dowry
The Ordinance of Shimeon ben Shetah
The Lien of the Kethubah
The Wife could not Waive her Rights under the
Kethubah
Dowry at Mohammedan Law
The Amount of the Kethubah
Increase of the Kethubah
Payment of the Kethubah
Wife's Separate Estate
Earnings, etc., of Divorced Wife
Prescriptive Rights against her Former Husband
Cases in which the Divorced Wife lost her
Kethubah by Reason of her Misconduct
Custody of Children of Divorced Woman
Nurslings乏oman Law as to Custody
Rabbinical Decisions
Support of Children at Roman Law and Jewish
Law
CHAPTER XI. THE BILL OF DIVORCE (GET). 132
Antiquity of the Bill of Divorce
Supposed by Rabbinical Writers to have been
known to Abraham
Peculiar to the Jews
Arabian Form of Divorce
Form of Divorce among Greeks and Romans
Bills of Divorce prepared in the non-Jewish
Courts
CHAPTER XII. PREPARING THE BILL OF DIVORCE 142
(GET).
Divorce Procedure, at first Simple, Became
Complex
Husband Must Give the Order to Prepare the
Get with the Intention of Divorcing His Wife
What is Deemed a Sufficient Order to the
Scribe and Witnesses
Exceptions in Favor of Persons in Situation
of Danger, etc.
Uses of the Bill of Divorce
Divorce by a Mute Husband
Writing the Get
The Scribe
Fees of the Scribe
The Writing Materials
CHAPTER XIII. THE FORM OF THE BILL OF DIVORCE 156
(GET) AND THE GET "ON CONDITION."
Maimonides' Form
Blank Forms
The Folded Get
The Essentials of a Get
Date
Dies juridici
Names Words of Separation
Clauses in Restraint of Marriage
The Get "On Condition"
Origin of the Right of the Husband to Annex
Conditions to his Bill of Divorce
Wife Could Accept or Reject
Condition Must be Strictly Complied With
On Condition of the Husband's Death
On Condition of his Failure to Return
CHAPTER XIV. ATTESTATION AND DELIVERY OF THE 171
BILL OF DIVORCE (GET).
The Get was Attested by Two Witnesses
Who were Personally Acquainted with the
Husband and Wife
The Delivery of the Get was Essential to
Complete the Divorce
Method of Delivery
Delivery to Minor Wife
Delivery by Messenger
Presumption that the Husband is Alive at the
Time the Messenger delivers the Get
Who may be Messenger
The Messengers of the Husband
The Messengers of the Wife
Sub-Messengers
CHAPTER XV. WHEN THE GET IS NULL AND VOID, OR 286
LOST.
The Husband's Right to Annul the Get Denied
by Rabban Gamaliel
Attempts by Common Barrators to Cast Doubt on
Divorce Proceeding
Ban of Excommunication
Proof of Divorce when Get is Lost
Uncorroborated Statement of the Divorced Wife
CHAPTER XVI. SEDER HA-GET. 192
Rules of Procedure in Divorce, as reported by
Rabbi Joseph Karo in the Shulhan Arukh,
Treatise Eben Ha er, Section 154, with
occasional notes by Rabbi Moses Isserles
List of Principal Works Consulted 205
Glossary 209
Index 215