These are the [reasons] we force him to divorce her and to give her the ketubah: One who develops bad breath of the mouth or nose, or goes back to become a collector of dog feces, or a tanner, or to a scraper of copper from its source [i.e. a miner]. If she wants, she can stay with her husband. Rem"a: And if she knew [about this problem] before she was married, we do not force him to divorce her, for she understood and accepted it (Tur in the name of the Ramah). If the man becomes afflicted with boils, we force him to divorce her and to give her the ketubah. Even if she wants to stay with him ( Rem"a: Or [even] if she stipulated [that she knew about this] ) we don't listen to her, rather we make them separate against their will, for she exacerbates his condition [if they have sex]. And if she says, "I will stay with him with witnesses [about], so that he does not have sex with me [because they are around]," we listen to her. Rem"a: Some say that [if he becomes] an apostate, we force him to divorce her through non-Jews (Bet Yosef Siman 134 in the name of the O"Ch and the Mordechai Perek Hamegaresh), as long as he voids it at the time of the bill of divorce (ibid Mordechai). Some argue and say that we do not force an apostate [to divorce], or any transgressor against the faith (Teshuvat Mora"m), unless he makes her transgress, for example feeding her prohibited food (Mohry"V Siman 22), or he violates a promise that he made upon himself that he would not tease her or hit her, or he makes a promise and he does not fulfill it, for sons die [as a result] of sins of [violating] vows (Hagahot Maimoni end of Ishut). One who pimps prostitutes, and his wife complains about it, if there are witnesses, and they see him with adulterers or he admits, some say we force him to divorce her, but we do not suspect he caused the bringing of gentile children, for perhaps they are lying about him (Chiddushei Aggudah D'Yevamot).
If a woman has a husband with bad breath of the mouth or nose, or he collected dog feces, or the like, and he died [childless, causing his wife to be obligated to fulfill the mitzvah of either yibbum or chalitzah]. If [the yavam] has the same blemish of his brother, she can say: "With your brother, I could accept this. With you, I am not willing to accept this." He does chalitzah and he gives her her ketubah[-worth].
If someones says, "I will not give food nor provide for [my wife]," we force him to give food. And if the court cannot force him to give food, such as one who doesn't have anything to provide and doesn't want to make money to become profitable and provide food [that way], if she wants, we force him to divorce her immediately and giver her her ketubah. The law is such to someone who does not want have sex. Rem"a: Similarly, a man who gets angry often and consistently kicks out his wife from his house, we force him to divorce her, for because of this he will not provide food for her sometimes, and he will separate from her from sexual relations more times than her rights to conjugal relations, and that is like refusal to provide food and sex [which are grounds for divorce] (Teshuvat HaRashba Siman 693). And see earlier Siman 70 and Siman 77. A man who hits his wife, has a transgression in his hand as much as striking his fellow. If he does this often, the court had the right to cause him pain and to excommunicate him, to whip him, to use all types of force, and to make him swear he will not do it again. And if he does not obey the court, some say we force him to divorce her, as long as he is warned one or twice, for it is not the way of Jews to hit their wives, that is the actions of the gentiles. This only applies when he starts it, but if she curses him for no reason, or mocks his father and mother, and she contradicts what he says and he has no authority over her, some say it is permitted to hit her. And some say that a bad wife is [also] prohibited to strike. The first opinion is the essential one. If it is not known who started it, the husband is not believed to say that she started it, for all women are assumed kosher, and they place others among them to see who is the bad one. And if she curses him for no reason, she is divorced without her ketubah. And it seems to me that this is only when this happens often, and after warning, as was explained earlier siman 115. If she left his house and borrowed [money] and ate [food], if she left because of him hitting her so often, he must pay her back (all of this note can be found in the Mordechai Perek Naara in the name of the Mohar"am and the B"Z Siman 88), and as is explained earlier Siman 70.
man who becomes blemished after his marriage, even if his hand is amputated or his eyes become blinded, we don't force him to divorce his wife and give her her Ketubah; rather if she wants she can remain, and if not then her law is like a rebellious wife. Haga: There are those who say this law only applies if one of his hands or feet is amputated, or one eye is blinded, but in a case where he loses both, he must divorce his wife. (Tur and Rosh)
A man who behaves in an uncontrolled fashion (lit. as a "shoteh" - see note) on a daily basis, and his wife says, "My father, because of his downtrodden financial circumstances, married me to him, and I thought i could tolerate it, but it is impossible to me because he is crazy and I fear he will kill me in his anger," we do not force him to divorce, for we only force divorce in those cases listed by our sages. Rama: An epileptic, some say that it is not a blemish, and we do not force him to divorce. On the other hand, we do not force her to be with him, since she has a [reasonable] claim (Mordechai, chapter haMadir, in the name of Ra'aviya). Some say that it is a blemish in a man, and we force him to divorce (Rosh, rule 42).
If a woman demanded a divorce because she cannot produce children with this man we so not listen to her. If she demands a divorce because she want a son to lean on [in her old age], and she does not yet have any son, and she she says that he is the cause of the infertility because he cannot ejaculate with force, if she has lived with him for ten years and she ah not become pregnant, and she does not demand her Ketubah (such that we would have reason to suspect that she is only demanding to divorce to collect the Ketubah), and there is also no other reason that she might be demanding the divorce, we do listen to her, even if he has children from another woman, for perhaps his physical state deteriorated later. We force him to divorce her and give the primary 100 or 200 [of the Ketubah], but not any additions. He must also return the dowry that she brought into the marriage. He should issue a generic ban against the fact that she is making a claim without certain knowledge, and then he must giver her the Ketubah. If he said, "I will marry another woman and inspect myself," we listen to him. If the second woman becomes pregnant, the first is divorced without a Ketubah. If she does not [become pregnant], both women must be divorced and given their Ketubah, or he can marry a third woman, if he can afford to support them. Some authorities say that if the second woman also said that he cannot ejaculate with force, he must divorce both and give the Ketubah. In all cases, if it is known that he is sterile, and she comes with this demand, he must divorce immediately. Rem"a: The same applies if they were married for ten years with no children, and she comes with this claim, we then force him to divorce and give the Ketubah. In that case it will not help for him to say, "I will inspect myself with another woman," because the first will still not lose her Ketubah since she has not been inspected with three men [and found barren]. The rule that she must claim that he cannot ejaculate with force is only if we know that he already had children, for we then assume that [the infertility] is from her unless she makes the claim that he cannot ejaculate with force, or if this is her third husband such that it is already established [that she is infertile]. So appears to be the view of the Tur, and it is from the conclusions of the Tosafot and the Hagahot Ashri.
If she says that he has erectile dysfunction and cannot have intercourse with her, and she requests a divorce, and he contradicts her, some authorities say that she is believed (Rem"a: even if they have not been married for ten years), and we force him to divorce her immediately, though he does not hive her the Ketubah. If he divorced her without being coerced, he must give her the Ketubah. Rem"a: Some sauthorities say that even though he can have intercourse with another woman he still mist give this woman her Ketubah; since he cannot have intercourse with her she can say, "I have given myslef to you, what more can I do for you?" When is this the case? When she does not demand the Ketubah. If, however, she demands the Ketubah, she is not believed, and we do not even force him to divorce. Rem"a: Some authorities say that these days when some woman are impudent, she is not believed. Nevertheless, if there are reasons to suspect (or circumstantial evidence) that she is telling the truth, she is believed. If we suspect that he cannot have intercourse with her because she has a narrow womb and she is a virgin, or that he cannot have intercourse with her because he is aged or weak, we rely on this we do not force him to divorce her. Some authorities say that even in cases where we do not force him to divorce, we still do not force her to make peace with him, and we do not consider her to be a rebellious wife. Instead, we allow time to pass such that they either make peace or wait ten years without children. The same applies if he betrothed a woman and she may not marry him or another, he must divorce her. If she claims that he husband refuses to lie with her or have intercourse with her, it is judges as if she said he had erectile dysfunction.
If it is known that a man intends to travel to another country, we make him take an oath that he will not go or we force him to issue a time bound divorce before he leaves.
If it is known that he cannot stay in the place that he married because of some mortal danger, we force him to divorce (Rem"a: because she does not need to go with him).
If a man married a woman and stayed with her for ten years and did not produce children, he must divorce her and give her Ketubah, or marry another woman who can bear children. If he is unwilling, we force him to divorce. If he said, "I will not have intercourse with her. I will live with her with witnesses so that I will not be secluded with her." Whether she said this, or he said it, we do not listen; instead we require him to divorce or marry a child bearing woman. Rem"a: Some authorities say that this is true if they had no children at all. If, however, she birthed a viable child, even though he has not yet fulfilled obligation to be fruitful, we do not force him to divorce her. See (Shulchan Arukh, Even HaEzer 1), that these days we never force a divorce. A man is believed to say that he knows himself to be sterile, and we do not force him to marry a woman.
If he was away on business during the 10 years, or if the husband was ill, or she was ill... Rama: even though they continue to have relations - Mechaber ... or they were locked in prison, that time does not count as part of the 10 years.
If she miscarries, she counts [ten years of childlessness] from the date of miscarriage. If she miscarried, and miscarried again [a total of] three times, she has the status of a woman who [always[ miscarries; he divorces her and gives her ketuba monies. Nevertheless, she is permitted to marry another.
He says, "She miscarried during the 10 years," so that she may stay with him, but she says, "I did not miscarry," she is believed.
He says, "She miscarried twice," and she says, "I miscarried 3 times," she is believed.
In all of these matters, he may force her to swear a "heset" oath (Rabbinic type oath) that she did not miscarry or that she miscarried three times, for these claims affect whether he must pay her ketuba.
If he remains with his wife for ten years and she does not give birth, and he dismisses her(divorce), she is permitted to marry a second man. If she remains with the second man for ten years and does not give birth, he ruling with him is the same as her ruling with the first.
(if) he divorced her, she should not remarry a third. If she remarries a third man, she goes out without her Ketubah(receiving her due). Unless he has another wife, or if he already has fulfilled the commandment of "being fruitful and multiplying." But if he is aware of her(barrenness), she does receiver her Ketubah(money).
If she remains with the third husband for ten years and does not give birth, if she still hasn't collected her Ketubah money from the first husbands, she does not collect. And if she did collect, she does not need to return it.
If the third husband dismisses her without the Ketubah(does not give her money), and she marries a fourth man and gives birth, she cannot collect now from the third money, because now maybe she has been healed.
Anybody who marries a woman by way of sexual immorality, even if it was only a rabbinicaly mandated prohibition, such as intermarriage, we force him to dismiss her.
All of these (cases) in which they said he must divorce her, we force him, even with whips. And there are those that say that anyone about whom it was not mandated explicitly in the Talmud that we force him to divorce her, rather only that he should divorce her, we don't force him with whips, rather, we say to him: the sages obligated you to divorce and if you don't, it is permitted to call you a transgressor. Rem''a: And since there is a disagreement of many, it is fitting to be stringent and not force him with whips, in order that there won't be a bill of divorce given under duress. But if he has a wife through sexual immorality, according to everyone, we do force with whips. And in every situation where we do not force with whips, we also do not excommunicate him. And in any case, they can decree on any Jew to not do any kind deeds to him or do any business with him, to circumcise his sons or to bury them until he divorces (her). And any stringency which a Beit Din wants to enact, they can in this type of case, so long as they don't excommunicate him. But one who does not perform his marital duties, we can excommunicate him and banish him in order that he perform this duty or divorce her, because there is no forcing when it comes to marital relations, and so too in similar cases. And so too he who divorces with a kosher bill of divorce and he discredits it a bit, it is permissible to force him to give another bill of divorce. And any situation where we have a disagreement about whether or not to force him, despite the fact that we don't force him to divorce, in any case, we force him to give the value of the bill of marriage immediately, and so too the value of the wedding equipment that he provides for her.
We must place a herem on anyone who is present at the time when the get is given, that they should not say anything detrimental about the get. And we remind them that Rabbenu Tam decreed together with his students against anyone who said anything detrimental about a get that had already been given.
If the husband was sworn to give a divorce document, it is best that they release him [from the vow] before [writing the divorce document] so that it not appear to be under duress. But he may give a pledge if he wishes. Rem"a: See above ch. 134:4. But regarding the divorce document of an apostate, there is no need to ask whether he swore or vowed, since he is legally required to divorce; but they ask him whether he is divorcing of his own free will, and likewise they ask his wife.
Someone who accepted upon himself the nazirite vow of Samson to divorce his wife, it is permitted to divorce, and this is not a problem of divorcing under duress. And it is best to divorce her with two divorce document, and to give them to her one after the other.