Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
SPECIAL LAWS FOR JEWS.--The law of marriage and divorce which governs the
Jews of Russia differs in many particulars from the rules applicable to
adherents of other sects. This special set of regulations comes from the
people of Israel themselves and is an outgrowth of the ancient Mosaic code
of jurisprudence. In thus permitting the Jews to have a body of rules
founded on the ancient precedents of their race and in agreement with
their consciences we find at least one attitude of wise tolerance for
which the Russian Empire is entitled to credit.
BETROTHAL.--A Jewish betrothal must take place in the presence of two
competent witnesses. The consent of the parents of either party is not
required. Like marriage the betrothal can be dissolved only by death or by
divorce. It obligates the parties to marry within thirty days from the
date on which either demands marriage.
A betrothal may be dissolved on the following grounds:
A. Evil conduct.
B. Change of religion.
C. Insanity.
D. Unchastity of either party or of one of his or her near relatives.
E. By the man entering a dishonest occupation.
IMPEDIMENTS.--Besides the impediments which prevent certain people of
other sects from lawfully concluding marriage there are other impediments
specially applicable to Jewish people. Briefly enumerated they are as
follows:
1. A woman guilty of adultery, or even of secret association, with a man
against her husband's will cannot marry her accomplice.
2. A marriage between a Jew and an idolator is forbidden.
3. If a woman's husband has died childless, and is survived by a brother,
she can marry no one else than this brother until the latter has declined
marriage with her in the prescribed form.
4. After the death of near relatives a marriage may not take place within
thirty days.
5. A widow or divorced woman may not contract a new marriage within ninety
days from the dissolution of her earlier marriage.
6. A pregnant woman may not marry before her delivery.
7. A widower may not marry before three feast days have passed since the
death of his wife, but in case he is childless or his children require a
mother's care he may marry after seven days.
DIVORCE.--The Jewish law makes no distinction between divorce and
annulment. The grounds for divorce are as follows:
1. Bigamy.
2. Difference of religion.
3. Relationship in the first degree in the direct line, by blood or
marriage. No legal action is necessary for these three causes.
4. Adultery.
5. Leprosy of the husband.
6. Mutual consent of the parties.
7. Such conduct on the part of the wife as raises a reasonable suspicion
of her adultery.
8. The cursing by the wife of her father-in-law in her husband's presence.
9. Wife's desertion of husband.
10. Wife's refusal for one year to perform marital duty.
11. Husband's cruelty to wife.
12. Husband's apostasy from the Jewish religion.
13. When the husband is a fugitive from justice.
14. Neglect of husband to support his wife.
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