279
edits
Line 19: | Line 19: | ||
#Prior to the enactment of the Cherem D'Rabbeinu Gershom, a woman could be divorced regardless of whether or not she consented <ref>Yevamos 112b, Rambam Hilchos Geirushin 1:2, Tur Even HaEzer 119:6</ref> and whether or not her husband could pay for her Ketubah/financial needs after the divorce<ref>Though she would have the right to sue her ex-husband in Beis Din afterwards for the money owed to her. Rama, Even HaEzer 119:6 </ref>. After the Cherem D'Rabbeinu Gershom was put into place it, became prohibited for a man to divorce his wife without her knowledge, even if he could pay the amount of her Ketubah<ref>Rama, Even HaEzer 119:6, citing the Teshuvos HaRosh.</ref>. | #Prior to the enactment of the Cherem D'Rabbeinu Gershom, a woman could be divorced regardless of whether or not she consented <ref>Yevamos 112b, Rambam Hilchos Geirushin 1:2, Tur Even HaEzer 119:6</ref> and whether or not her husband could pay for her Ketubah/financial needs after the divorce<ref>Though she would have the right to sue her ex-husband in Beis Din afterwards for the money owed to her. Rama, Even HaEzer 119:6 </ref>. After the Cherem D'Rabbeinu Gershom was put into place it, became prohibited for a man to divorce his wife without her knowledge, even if he could pay the amount of her Ketubah<ref>Rama, Even HaEzer 119:6, citing the Teshuvos HaRosh.</ref>. | ||
#Reasons for the Cherem included to prevent abusive and womanizing husbands from abusing their wives and divorcing them for frivolous reasons<ref>Shu"t MaHarik ibid.</ref> | #Reasons for the Cherem included to prevent abusive and womanizing husbands from abusing their wives and divorcing them for frivolous reasons<ref>Shu"t MaHarik ibid.</ref> and to equate a woman's power in terms of a divorce to that of a man so women can not be degraded by forced divorces<ref>Shu"t HaRosh Klal 42:1</ref>. Others are of the opinion that the Cherem is a siyag (protective fence) to the Torah- one should not forcibly divorce his wife, even if by strict halacha he would be justified to do so (eirvas davar), lest someone seek to forcibly divorce his wife for a reason that is not valid. | ||
=Acceptance= | =Acceptance= |