סוגיה 30- עילות לגירושין: מורדת ומורד

(7) [With regard to a wife] who rebels against her husband, we reduce her ketubah by seven dinar [a specific unit of money] every week. Rabbi Yehudah says "[By] seven tarpe'ikin [a unit of money worth half a dinar]." Until when does [the husband continue to] reduce [it]? Until [it reaches] the value her ketubah. Rabbi Yossi says, "He continues to reduce, perhaps inheritance will fall to her from another source, [and] he can collect from it." Similarly, [with regard to a husband] who rebels against his wife, we increase her ketubah by three dinar every week. Rabbi Yehudah says "[By] three tarpe'ikin."

(1) A man who rebels against his wife and says, "I will feed and support her, but will not have sexual relations with her because I hate her," we add the value of 36 barleycorns of silver to her ketuba (marriage contract) each week, and he remains without relations as long as she is willing to wait. Even though her ketuba amount continues to grow, he is still transgressing a negative commandment, as it says, "...he shall not withhold" (Exodus 21:10). If she so desires, court can force him to divorce her immediately and to give her the ketuba money. Note: Some authorities say that if he wants to divorce her immediately and give her ketuba, we do not add on to the ketuba (so it appears in Rambam Hilchot Ishut chapter 14). It seems to me that in such a case he also does not transgress the negative commandment of "...he shall not withhold" (Exodus 21:10).

(2) A woman who refused to have sexual relations with her husband is called "rebellious"/moredet; she is asked why she rebelled. If she says: I despise him and cannot knowingly have sex with him--Rem"a: and specifically seeks a get without her dower--but if she says: he should give me a get and my dower, we suspect that she has her eyes on another, she has the status of a moredet who wishes to torment him (Beit Yosef citing Responsa Ran; Rashi's commentary on the Talmud)--if the husband wishes to divorce her, she does not receive her dower at all. She may take her extant worn clothes, whether they are among the assets that she brought [into the marriage] for her husband and he is responsible for them, or whether they are milog assets for which he is responsible; she takes nothing of her husband's. Even if she took the shoes on her feet or the kerchief on her head, she removes them and gives them to him. Anything he gave her as a gift, she returns. Some say that she does not even get the tzon barzel assets, except for whatever she seized. And some say that she does not even get the milog assets except for whatever she seized (Beit Yosef citing Responsa Ran in the name of Rashba). If she rebelled against her husband in order to torment him, and says: "I am tormenting him thus because he did such-and-such to me," or "because he cursed me," or "because he fought with me," or the like, we send her away from the court and tell her: "Know that if you continue your rebelliousness, you will lose even the 100 mana of your dower." Then they make proclamations about her every day in the synagogues and study halls for four weeks--Rem"a: some say that the proclamations need not be made every day, but only on Shabbat (Ran and Hagahot Maimuniyot, and it is also implied by Tur), and this seems to be the predominant opinion--saying: "This woman so-and-so rebelled against her husband." After the proclamation she is sent to the court a second time: "If you continue your rebellion, you will lose your dower." If she continued rebelling and did not return, she is advised that she will lose her dower, and will not have any dower at all. She is not granted a get until 12 months have passed, and she gets no alimony all 12 months--Rema: even if she is pregnant (Beit Yosef citing Responsa Rashba); yet what she produces belongs to her, though he gets usufruct (Tur). If she dies before receiving the get, her husband inherits her--Rem"a and is obligated to redeem her [if she is captured] and bury her (Tur). After 12 months, her husband has no duties toward her, nor she to her husband. Since she caused the loss of her dower, she gets none of her prenuptial stipulations [for rights within the marriage], since he may divorce her without giving the dower, but retains her at his will (Divrei Harav, also implies by Maharin no. 20). This is the routine prescribed if she rebelled in order to torment him. Rem"a: After 12 months, it does not matter if she returns to him. Rather, she has lost her dower, and if he wishes to retain her, he must write another. However, within 12 months she may return to him and is entitled to her dower. If he dies within the 12 months, she gets her dower from his inheritors (Ran on Ketubot ch. 5). If he wishes to divorce her within the 12 months, he gives her the tzon barzel assets, her dower, and everything that he stipulated to give her (Beit Yosef citing Responsa Rashba). Some say that nowadays, since one may not marry two wives, we do not wait twelve months if he wishes to divorce her. If she does not want to divorce, we allow him to marry another woman (Mordechai at the end of Ketubot ch. 5, citing Raavan). Some disagree, stating that he must not be permitted to marry a second woman (ibid. in the glosses; Responsa Rashba no. 860; Maharik no. 63). This is the predominant position. This all applies to a married woman. A betrothed woman, however, who rebels against her husband and refuses to move into his home may be divorced against her will. Alternatively, he may marry another woman, and is given permission to do so (ibid.). It seems to me that this all applies within 12 months. After 12 months, if he wishes to divorce her, she must accept the get even against her will, or else he is permitted to marry another woman, for a woman does not have the power to chain him forever. This seems correct to be the correct ruling. Some say that even within 12 months, if he transgressed and married another woman due to [the first wife's] rebelliousness, we do not compel him to divorce [the second woman] (Maharik no. 29). Even if she was a menstruant or ill, and thus unavailable for sexual relations--Rem"a: and there is no difference whether she began her rebellion before or after she took ill (Ran on Ketubot ch. 5; also implied by Mordechai citing Raavyah and by Hagahot Alfasi), but some disagree (idib., citing Maharam)--or even if her husband was a seaman with a six-month season, and even if he has another wife. Similarly, a betrothed woman whose time came to consummate that marriage, and she rebelled to torment him and did not consummate, is considered sexually rebellious. Some say that even a sister-in-law who does not wish to consummate levirate marriage in order to torment [the brother-in-law] is subject to this prescription.

(3) This rebellious woman, when she is divorced after 12 months without her dower, she must return everything that belongs to the husband. However, if she seized assets that she brought into the marriage and her extant worn clothes, we do not confiscate them from her. Rem"a: She takes real estate tzon barzel assets (Tur). Similarly, if anything that has been lost of her assets for which the husband is responsible, he need not repay her anything. Rem"a: This all applies to tzon barzel assets. But milog assets are hers. She owns them and takes them (Tur). Some say that all this applies when she gives no rationale or excuse for why she claims to despise him. However, when she gives a rationale for her words, for example, she says that he acts improperly, wastes his money, or the like, then we rule in accordance with the enactment of the Geonim (Tur citing Maharam of Rotherburg). This is called "dina de-metivta": The husband must return everything that she brought him in her dowry, i.e., tzon barzel assets if they are extant and fit for their initial use; and certainly if they were stolen or lost the husband must pay for it all. Milog assets are hers if they or something that exists by virtue of them is extant, and she takes them. But if they are entirely gone, the husband need not repay (Dina De-mitivta; Tur citing Rif). However, she does not take anything he gave her or contracted to give her, and even if she seized it she must return it (Mordechai, Ketubot ch. 5). He is not compelled to divorce, nor is she compelled to remain with him (Tur citing Responsa Maharam). If he acted improperly, e.g., he betrothed her with lies and guile, we compel him to divorce (Rosh no. 35). Some further say that we impose excommunication (Tur, citing Maharam). If people coached her to rebel, or if she did so out of anger or strife, or to take his money, then even if she seized her own assets, we confiscate them from her and return them to her husband (Mordechai, Ketubot ch. 5). It makes no difference whether or not she seized them unless she claims to despise him but does not give a substantiated rationale, though if she gave a rationale and it is not deceitful the court may decide this at their discretion (Mahari Weil no. 20). They may administer an oath to ascertain the truth of her claim to despise him (ibid.), and this is the proper ruling. As long as he has not given her a get, he has no hold or claim on her, but she should nevertheless not give what is hers to others, and he may even protest, since if she dies he inherits her (ibid.). Even in a case where we compel him to divorce his rebellious wife, if she dies before he divorces her, he inherits her, for her inheritance is only released by divorce (Tur citing a Gaon). If her father seized some of the dowry she brought for her husband, it is as effective as if she had seized it herself (Mordechai on Ketubot ch. 5 citing Responsa Maharam; Hagahot citing Responsa Maharam). The clothing brought by the bride do not have the status of tzon barzel assets. Tzon barzel assets are only the appraised assets that the woman brings [into the marriage] for her husband (Tur citing Rosh).

(4) A man and woman come before the court. He say: She rebelliously refuses sexual intercourse. And she says: Not so; he and I are together in the manner of the whole world. Similarly, if she claims that he rebelliously refuses sexual intercourse, and he says: Not so. She and I are together in the manner of the whole world: we first excommunicate the one who rebels and does not admit it in court. Afterward, if there was no admission, we say to them: seclude yourselves in the presence of witnesses. If they secluded themselves and remain with their claims, we ask the defendant and we make a compromise under the force of law.

(5) If a betrothed woman does not wish to marry, claiming she despises him, her father is not obligated to give [the husband] what he had agreed to give him as her dowry.