Marriage and Divorce

Under Jewish law a man who cannot satisfy his wife sexually or support her financially is not fulfilling his duties as a husband according to their Ketuba (marriage contract). A Jewish woman whose Jewish husband is addicted to alcohol and ,as a result of his addiction, fails to perform these two duties has grounds for divorce.

If the results of a husband’s gambling habits adversely affect marital life so that he is not fulfilling his duties according to Jewish law – in particular supporting his wife and children financially – then the wife has grounds for divorce.

Furthermore, if a husband’s gambling addiction results in other forms of negative behaviour which are recognised under Jewish law as grounds for divorce- e.g.  physical and verbal violence – then the wife may have additional legal cause when she files to end their marriage at the rabbinical court.

Yes ! A Jewish wife is entitled to initiate divorce proceedings without her husband’s permission, however short the marriage. However, she will only be entitled to divorce if she can prove grounds for divorce according to those recognized by Jewish law , at the rabbinical court , if the husband does not consent to end the marriage.

ewish law regards Israel favourably as regards to the Diaspora as a place of residence.A spouse’s desire to leave Israel may be a sufficient ground for divorce if their refusal to live here is unjustifiable.

A rabbinical court decides on the matter given the circumstances of the particular case . During different periods of history it has been held that refusal to make “aliyah” (immigration to Israel) has been justifiable where the journey was particularly difficult or dangerous.

No! Under Jewish law a woman is in an inferior position to a man who is placed in a similar situation, with his spouse incarcerated in a mental hospital. A Jewish wife cannot divorce her mentally ill spouse, nor can she get permission to marry someone else. Under Jewish law, divorce is a legal act requiring understanding, freewill and agreement, which a spouse who is incurably ill with a mental illness is incapable of. Thus, divorce is out, and also for a man, whose wife is similarly afflicted. There is, however, a major difference; a man whose wife is afflicted, can apply to the rabbinical court for permission to marry another woman.

The only option for a woman in the predicament mentioned is to live with another man, as common-law husband and wife, and have a property relations’ agreement drawn up professionally, setting out their mutual rights and obligations.

Yes – the rabbinical court can pass a judgment obliging a drug addict to divorce his wife if he cannot rehabilitate himself, but it is likely to give him the opportunity to do so first.