The Jewish law of divorce, according to Bible and Talmud with some reference to its development in post-Talmudic times.


New York, Hermon Press [1968] .

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George Washington
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HQ 824 .A56 Available Request
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Georgetown Law
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KBM559 .A57 1968
Subjects Divorce (Jewish law)
Description 224 pages 20 cm
Copyright Date [1968]
Notes "Second edition."
Includes bibliographical references (pages 205-208).
Contents Chapter I. Introductory -- The value of the study of biblical and Talmudic laws -- The evolution of the law -- The Torah -- The chain of oral tradition -- The Mishnah -- The disputes of the Pharisees and the Sadducees -- The Gemara -- The authority of the Talmud -- The codes of Maimonides, Asheri and Kavo -- The law a living organism -- Chapter II. The ancient theory of divorce -- The patriarch and his family -- His absolute power -- The right of the husband to divorce his wife at his pleasure -- His right pre-Mosaic -- Restrictions laid upon him by the Deuteronomic code -- The law of the false accusation of antenuptial incontinence -- The law of the ravisher -- The protest of Malachi -- Chapter III. The views of the Talmudists and of Jesus -- The discussion between the schools of Hillel and Shammai -- Philo -- Josephus -- The dicta of Jesus -- Ethical views -- Divorce by mutual consent -- Divorce sometimes recommended -- Chapter IV. Laws of the Mishnah restriction the husband's right to divorce -- Modifying the severity of the biblical laws of the false accusation of antenuptial incontinence and of the ravisher -- The insane wife -- The captive -- The minor -- The formalities of divorce procedure -- The law of the wife's dowry -- Denial of the husband's right to "annul the bill of divorce" -- When the husband is non compos mentis -- Deaf mute -- The culmination of these restrictions in the decree of Rabbi Gershom of Mayence -- Chapter V. The wife's right to sue for divorce -- The germ of the wife's right found in the Bible -- Jurisdiction of the courts to compel the husband to grant the bill of divorce -- The question of duress -- The acts of non Jewish courts -- The wife could sue for divorce, but could not give a bill of divorce to her husband -- Influence of Roman law during the last days of the Jewish state -- Chapter VI. Causes entitling the wife to a divorce under Talmudic law -- False accusation of antenuptial incontinence -- Refusal of conjugal rights -- Impotence -- Vow of abstention -- Priest's wife -- Physical blemishes, et cetera -- Leprosy -- Non support -- Restricting wife's lawful freedom -- Wife beating -- Desertion -- Apostasy -- Licentiousness -- Divorce of betrothed wife
Chapter VIII. Reconciliation and remarriage -- Attempt to reconcile the couple a duty of the Rabbis under the law -- Rabbi was legal and spiritual adviser -- Absolving husband from vow to divorce his wife -- Reconciliation after the divorce has taken place -- Remarriage of divorced couple -- Prohibition of the remarriage of the divorced couple after the wife has been married to another -- The Deuteronomic law -- Views of Philo and Jesus -- Mohammedan law -- The issue of such unlawful marriage is nevertheless legitimate -- Other persons whom the divorced wife may not marry -- Chapter VIII. Judicial separations under the quasi-criminal jurisdiction of the rabbis -- Incest -- Marriage of Hebrew and heathen -- The great reform of Ezra -- Mamzer -- Nethin -- Adulteress and Paramour -- The ordeal of the bitter waters -- Lepers -- Forbidden marriages of the priests -- Remarriage of the divorced couple after the wife has been married to another -- Yebama -- Childless marriages -- Chapter IX. The legal and social status of the divorced woman -- Divorced woman in suri Juris -- Cannot marry a Kohen (priest) -- Under the old law no odium attached to the divorced woman -- Change under later law -- Divorced woman liable for her torts -- Bound by her vows -- She may give herself in marriage to anyone -- If suspected of adultery she cannot marry her paramour -- Nor the messenger bringing her bill of divorce -- Nor the rabbi who refuses to absolve her vows -- She must not marry within three months after her divorce -- Chapter X. The property rights of the divorced woman and the custody and maintenance of children -- The Kethubah -- The biblical dowry -- The ordinance of Shimeon ben Shetah -- The lien of the kethubah -- The wife could not waive her rights under the Kethubah -- Dowry at Mohammedan law -- The amount of the Kethubah -- Increase of the Kethubah -- Payment of the Kethubah -- Wife's separate estate -- Earnings, et cetera of divorced wife -- Prescriptive rights against her former husband -- Cases in which the divorced wife lost her Kethubah by reason of her misconduct -- Custody of children of divorced woman -- Nurslings -- Roman law as to custody -- Rabbinical decisions -- Support of children at Roman law and Jewish law -- Chapter XI. The bill of divorce -- Antiquity of the bill of divorce -- Supposed by rabbinical writers to have been known to Abraham -- Peculiar to the Jews -- Arabian form of divorce -- Form of divorce among Greeks and Romans -- Bills of divorce prepared in the non Jewish courts -- Chapter XII. Preparing the bill of divorce -- Divorce procedure, at first simple, became complex -- Husband must give the order to prepare the get with the intention of divorcing his wife -- What is deemed a sufficient order to the scribe and witnesses -- Exceptions in favor of persons in situation of danger, et cetera -- Uses of the bill of divorce -- Divorce by a mute husband -- Writing the get -- The scribe -- Fees of the scribe -- The writing materials
Chapter XIII. The form of the bill of divorce and the get "on condition" -- Maimonides' form -- Blank forms -- The folded get -- The essentials of a get -- Date -- Dies juridici -- Names -- Words of separation -- Clauses in restraint of marriage -- The get "on condition" -- Origin of the right of the husband to annex conditions to his bill of divorce -- Wife could accept or reject -- Condition must be strictly complied with -- On condition of the husband's death -- On condition of his failure to return -- Chapter XIV. Attestation and delivery of the bill of divorce -- The get was attested by two witnesses -- Who were personally acquainted with the husband and wife -- The delivery of the get was essential to complete the divorce -- Method of delivery -- Delivery to minor wife -- Presumption that the husband is alive at the time the messenger delivers the get -- Who may be messenger -- The messengers of the husband -- The messengers of the wife -- Sub messengers -- Chapter XV. When the get is null and void, or lost -- The husband's right to annul the get denied by Rabban Gamaliel -- Attempts by common barraters to cast doubt on divorce proceeding -- Ban of excommunication -- Proof of divorce when get is lost -- Uncorroborated statement of the divorced wife -- Chapter XVI. Seder Ha-get -- Rules of procedure in divorce, as reported by Rabbi Joseph Karo in the Shullan Arukh, treatise Eben Haezer, section 154, with occasional notes by Rabbi Moses Isserles.
Network Numbers (OCoLC)442953
(OCoLC)ocm00442953
WorldCat Search OCLC WorldCat
WorldCat Identities Amram, David Werner, 1866-1939.
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