A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
[Footnote 7: Deut. 22:13-19, 28, 29: The case of the ravisher and
that of the husband who falsely accuses the wife of ante-nuptial
incontinence; in the latter instance he is not to "put her away
all his days," which might be a trifle hard on the woman, unless
indeed custom allowed her the right to free herself. See AMRAM,
_op. cit._, 41 ff. By the Mishnah or oral law other restrictions
are gradually imposed: _ibid._, 45.]
[Footnote 8: Before the compilation of the Mishnah the form
of the get "was not yet strictly fixed, it only having been
required to contain, besides the date and the names of the
parties, the words 'Thou art now free for any man.'" But later
custom required a more elaborate form and the "presence of at
least ten persons."--MIELZINER, _The Jewish Law of Marriage and
Divorce_, 128. Eventually the procedure in ordering, writing,
and delivering the bill of divorce became complex, and it took
place before a rabbi specially skilled in the law, who thus had
opportunity to check hasty or unjust action through his advice
or by refusing to deliver the document: see SAALSCHUETZ, _Das
mosaische Recht_, 801; MIELZINER, _op. cit._, 116 ff.; DUSCHAK,
_Das mosaisch-talmud. Eherecht_, 95 ff.; especially LICHTSCHEIN,
_Die Ehe nach mosaisch-talmud. Auffassung_, 94 ff.; and AMRAM,
_op. cit._, 132-204, both giving full details as to the "get."
For the form of the "get" see MEYRICK, "Marriage," _Dict. Christ.
Ant._, II, 1111; AMRAM, _op. cit._, 157; LICHTSCHEIN, _op. cit._,
136; DUSCHAK, _op. cit._, 143, 144; MIELZINER, _op. cit._, 129;
SELDEN, _Uxor ebraica_, III, 24: in _Opera_, IV, 797.]
[Footnote 9: For full details see AMRAM, _op. cit._, 47, 48,
111-31; MIELZINER, _op. cit._, 85-89; STUBBE, _Die Ehe_, 20, 21.]
[Footnote 10: AMRAM, _op. cit._, 25, 45, 78 ff.; LICHTSCHEIN,
_op. cit._, 87 ff.]
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