become the father of “children of a hated wife.” But when once it came
to be recognised that married life cannot tolerate constraint, this
recognition, limited at first to the side of the husband, was bound to
be gradually extended to the wife. Hence arose the provisions under
which a man may be compelled to divorce his wife (_K’thuboth_, ch. vii).
These provisions enabled the wife to obtain a divorce against the
husband’s will, by decree of the courts, on many and various grounds.
Thus it is impossible to assert that Judaism does not allow a woman to
divorce her husband. In the cases just mentioned it is, in fact, the
wife who divorces, though the bill of divorcement is technically given
by the husband. What matters is not who performs the legal action, but
whose wish it is that brings about the divorce. This tendency to
emancipate the wife reached its highest development in the dictum of
Maimonides, that if a woman says “My husband is distasteful to me, and I
cannot live with him,” although she gives no specific reason for her
dislike, the husband is yet compelled to divorce her, “because she is
not like a captive woman, that she should consort with a man whom she
hates” (_Laws of Marriage_, xiv. 8). Here we see the Jewish attitude to
marriage in its full development. Marriage is a social and moral cord,
the two ends of which are in the hearts of husband and wife; and if the
cord is broken at either end—whether in the husband’s heart or in the
wife’s—the marriage has lost its value, and it is best that it should be
annulled. It is true that the jurists who came after Maimonides could
not rise to the conception of so perfect an equality of the sexes, and
did not wholly accept his dictum. But the mere fact that the greatest
authority deduced this decision _from the Talmud_ (and the Talmud, in
fact, affords ground for his view—see _Maggid Mishnah ad loc._) is proof
conclusive as to the real tendency of the Jewish law of divorce, and
shows whither it leads in the straight line of development.
Public-domain text, read in full here on John Shaqi.
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