4

Jewish law says that if a couple has no children after ten years of marriage, and the man is not allowed to take a second wife, they must get a divorce so the man can remarry and try again to fulfill the mitzvah of procreating. [Yevamot 64a; Rambam, Ishut 15:8]

But the law is not enforced, even when the couple is very observant. The last Lubavitcher Rebbe is a case in point. The Rema says in EH 1:3: "Nowadays, the custom is that one does not force in regards to this." But how can he make optional, with no explanation, a clear Talmudic injunction codified in stone by the Rambam?

Is there a discussion of circumstances under which does the injunction not apply?

Maurice Mizrahi
  • 21,770
  • 3
  • 15
  • 57
  • 1
    How about "how come we don't enforce a couple to get divorced if they haven't had children, considering it's an explicit law in the gemarra and Shulchan Aruch"? – robev Oct 13 '20 at 18:36
  • ----------rephrased – Maurice Mizrahi Oct 13 '20 at 18:49
  • 1
    @doubleAA -- So, why don't you reopen? – Maurice Mizrahi Oct 13 '20 at 19:35
  • There was a rebbe in London who had no children, so he used to divorce his wife every 10 years and remarry her. – The GRAPKE Oct 13 '20 at 23:47
  • Perhaps more pointedly, why do Sephardim, not usually known to rely on the Rema, also hold leniently in this case? – יהושע ק Oct 14 '20 at 19:43
  • @doubleAA -- Why is this question not reopened? It stood at 4 votes to reopen only yesterday, now it's down to 1. How come? – Maurice Mizrahi Oct 20 '20 at 15:27
  • @MauriceMizrahi reopen votes age away after a few days if the post isn't successfully reopened. i dont recall offhand the exact details of the timeline. but the number of active votes you see can change over time. – Double AA Oct 20 '20 at 15:36
  • @ Double AA -- Your very popular answer in that other post does not answer the question I pose here. That should be clear. As for votes to reopen expiring, I can't think of a reason why they should. Can you provide a link to that "rule"? – Maurice Mizrahi Oct 20 '20 at 15:48

0 Answers0