Reply To: Divorce: Whose Fault Was It?

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#932223
Naysberg
Member

It stands to reason that most gittin are the ex-wife’s fault, as it is the husband who chose to divorce her, since a wife cannot divorce her husband even if she wanted to and cannot demand her husband divorce her unless she has a legally justifiable grievance that she can prove in court (beis din.) Without that the husband is legally justified to remain married to her, if he so chooses, whether she likes it or not. On the other hand, a husband can legally divorce on much lesser grounds (and in Sephardic culture, which isn’t subject to R”G, even on no grounds at all.) So if a divorce occured, it must occur with the willing consent of the husband (otherwise it would be invalid) though not necessarily with the willing consent of the wife (especially in Sephardic culture which has no constraints from R”G.) Therefore it stands to reason that if a divorce occured, it is more likely the ex-wife is at fault since the husband has a far easier position to divorce an at-fault wife than a wife has to demand a divorce.