If one divorces his wife and states during his divorce that he is doing it because of the bad name that she got - he can never remarry her. Why? Should he later find out that she was maligned, he could say, "Had I only known this, I would have never divorced you - even if they paid me a lot of money!" Such words can make her Get invalid. Then she would still be considered married to him, and her children from the next husband would get the status of mamzerim. With the new rule, however, he understands that this divorce is final, and even if the accusations are false, he will not be able to return her. Thus, his actions show that he no longer loves her, and his claim, "Had I only known," is not to be believed.
If one divorces his wife because she is incapable of childbearing - and states so - he cannot remarry her. If she marries again and has children, he could claim, "Had I only known that you can have children, I would have never divorced you." This could invalidate her divorce and the legitimacy of his children.
Since this divorce is her fault, as it stands, she does not get the Ketubah payment. However, if she now marries, has children, and then asks for the Ketubah payment (claiming wrongful divorce), the husband can counterclaim and say, "Your silence is better than your words." That is, if you keep silent - well and good, but if you demand the Ketubah, I can say this, "Had I known that in the end, after my divorce, I will also have to pay the Ketubah, I would have never divorced you" - which leads to the same consequences.
Art: Allegory of the art of painting by Jan Vermeer
No comments:
Post a Comment