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Home -- Content: Series 7 (Laws) -- Translation: English -- Book: 1 (Tora) -- Part: 1 (Positive) -- Command: 222 -- Text
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The Sharia of Moses in the TORA
Part 1 - The 248 Positive Commandments of the Tora

222 - THE LAW OF DIVORCE


Deuteronomy 24:1 -- "When a man takes a wife and marries her, and it happens that she finds no favor in his eyes because he has found some uncleanness in her, and he writes her a certificate of divorce, puts it in her hand, and sends her out of his house”

Divorce is valid only (1) if given by the husband of his own free will; (2) if accomplished by means of a written bill of divorcement; (3) if the purport of the bill is to bring about the divorcement of his wife and her removal from his house; (4) if it further provides for a complete severance of relations between the two; (5) if it is expressly written for the persons involved; (6) if the bill is such as may be handed over to the woman in its original condition – thus, it is invalid if inscribed on any object which is attached to the ground at the time of the writing; (7) if it is handed to her; (8) if it is handed to her before witnesses; (9) if it is handed to her specifically as a bill of divorcement; and (10) if it is handed to her by her husband or his agent. All these conditions are scripturally enjoined. The sages further provided that the date of divorce should be included in the bill, and that the witnesses should inscribe their names in it.*

* Mishneh Torah, Nashim, Hilchoth Gerushin I, 1

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