[Avodah] schechtworthy
Moshe Y. Gluck
mgluck at gmail.com
Wed Mar 26 16:51:18 PDT 2008
R'n CL:
> You made mention in a later post about the fact that husbands are not
> controlling, but the issue here is, I believe, that we are dealing with
> a violation of daas Moshe - ie a d'orisa, and something which is
> specifically stated as a reason a woman should be divorced in the
> Mishna in Kesubos (along with, I would note, feeding her unsuspecting
> family treif). As a divorce is indeed within the control of the
> husband, the connection is quite close. The somewhat unusual aspect of
> this psak appears to be that the community norm might be said to go so
> far as to permit somebody who is over on an issur d'orisa or who fails
> to divorce his wife in accordance with the Mishna in Kesubos which
> would seem to require it.
Rambam Hilchos Ishus 24:14 implies that he doesn't have to divorce her if he
doesn't want to. The point of the Mishnah, AIUI, is that if he does, he
doesn't have to pay her Kesubah. (Although, granted, community
norms/standards might be more stringent than the Mishnah.)
KT,
MYG
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