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Chabad.org » Learning & Values » Weekly Torah (Parshah) » Devarim - Deuteronomy » Ki Teitzei » Parshah Columnists » Comment » When to Get Divorced
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When to Get Divorced


Several months ago I came across one of those self-evaluation "tests" with those little checkboxes. This one was to gauge your stress level. If you're undergoing a divorce and/or getting married, award yourself 30 points; changing jobs? 30 points; moving into a new home also gives you 30 points; the birth of a child, 20 points; and so on, all the way down to the little 5- and 3-point stresses. Then you're supposed to add up the points and consult a 0-100 scale that tells you the level of stress you're currently experiencing.

The reason that this particular piece of Americana caught my attention was that, at the time, I had changed jobs, moved into our new home, and welcomed our newborn daughter into our family--all within a six-week period. (I am happy to report, however, that this stressed-out writer and his patient spouse are still joined in blissful matrimony.) What also struck me at the time was the equation of divorce, on the one hand, with changes in employment and residence on the other.

The parallels are there. In your home and community is invested a piece of yourself; in your job lies a part of your identity. There is your relationship with your employer and co-workers, your neighbors and social circle; the goals you are commonly committed to, your mutual dependence upon each other. But there are also grievances and dissatisfactions. Perhaps you find yourself in situations that are emotionally distressing or ethically problematic. Perhaps you feel deprived of the opportunity to realize your true potential. Or perhaps there's just the promise--or hope--of a better job or living environment elsewhere. So you agonize: do these considerations justify abandoning the current commitments and breaking up the current relationship?

According to Chassidic teaching, the parallel runs deeper yet. The Chassidic masters taught that every soul is given its own "portion of the world." The fact that you live in a particular place and labor at a particular vocation is not by chance or fluke. The range of causes that brought you there--beginning with your inborn talents and inclinations all the way through the so-called "coincidences" that pepper every life--are guided by Divine Providence to bring you in contact with those particular "sparks of G-dliness" which you are charged to redeem. These sparks of spiritual potential depend on you to actualize them, and you need them for your spiritual fulfillment. Just as Heaven assigns a body to every soul and a marriage partner to every man and woman, so is every individual assigned a piece of creation to develop and elevate.

But that's not the entire story. Our Creator has granted us the most precious and dangerous of gifts: freedom of choice. We have the power to improve on what we were given, and the power to destroy it. We can make such a mess of things that we may wake up one morning with the belief that our current relationship is unsalvageable and that the only feasible course of action is a new start somewhere else.

___________________

When is it time to get a divorce? The Talmud cites three opinions:

The School of Shammai rules: A man should not divorce his wife unless he discovers in her an immoral matter...

The School of Hillel holds: [He may divorce her] even if she burnt his meal.

Rabbi Akiva says: Even if he found another more beautiful than she.

(All three opinions derive from the same verse in the Torah --Deuteronomy 24:1--in the section dealing with the laws of divorce, depending on how a key phrase in that verse is interpreted.)

The halachah (final legal ruling) follows the opinion of the sages of Hillel. But pious behavior (midat chassidut), which holds itself to a standard "beyond the letter of the law," is to accept the stricter criteria put forth by the disciples of Shammai.

In other words, a "divorce" is justified if there is actual damage to your well-being and deprivation of your needs. If you find yourself wed to a life that nightly burns your supper, fouling or depriving you of your material nourishment or spiritual nurture, the Torah understands and condones your decision to sever that relationship and seek a better "marriage."

That is the "letter of the law." But a more altruistic approach states that unless your current situation in life spells a violation of your ethical, moral and religious values (in which case even the sages of Shammai permit, indeed obligate, a dissolution of the marriage) the place to be is the place where you are. Your Creator has placed you there; He has also given you the resources and fortitude to make it work. Sticking it out is not a cop-out--it is to rise to the greater challenge of uncovering those resources and redeeming the "sparks of G-dliness" entrusted to your care.

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By Yanki Tauber   More articles...  |   RSS Listing of Newest Articles by this Author
By Yanki Tauber; based on the teachings of the Rebbe.

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Reader Comments
Latest Comments:
Posted: Jan 7, 2010
emotional abuse is worse
Personally I think that emotional abuse is worse because it's harder to prove. Physical violence is so obvious, emotional scars heal longer and sometimes nobody can see them for a long, long time.
Posted By Emunah, New York, NY

Posted: May 11, 2009
re: agunah
"And no, that abuse doesn't have to be constant, occasional is bad enough. Better to live as an agunah (abandoned woman) than to live in fear, constant or occasional. "

When living within the cycle of abuse it is always constant, even if the outbursts appear "occasional." Never knowing when "it" is going to happen again means "it" is always there: a pot of soup always at the ready; domestic violence most always simmering under the skin of those abuser and those beaten down, no matter which form of abuse is used.

Once the cycle of abuse begins (including the build-up) one is already living as an agunah. In my view, being married and being emotionally, physically or sexually abused equates to already living as an agunah.
Posted By tikva
via chabadclarkcounty.com

Posted: May 11, 2009
To Anon in Albany
You are right; I should have said abuse, without specifying which kind. I stand corrected. Thank you.

And no, that abuse doesn't have to be constant, occasional is bad enough.
Better to live as an agunah (abandoned woman) than to live in fear, constant or occasional.

And having seen the reverse situation, gentlemen, if you are being abused, then divorce is necessary.

"It hurts to tell...It hurts more not to."
Posted By Sarah M, MI/USA

Posted: May 10, 2009
emotional abuse
Neglecting to see the damage that emotional abuse does is ignorant. Yes, physical abuse is horrible, and should never be tolerated, ever. We can see the physical damage of that abuse, and it is frightening. Under no circumstance should a woman continue to live with a man that is hitting her, and she is certainly not doing her children any favors to stay, she is harming them as well. The message is at best unhealthy, at worst, it will ruin their lives.
Emotional abuse is no less harmful and in some ways even more damaging. It cuts to the very essence of a persons' core, tearing them down to feel worthless and doubting anything real. The abuser can say horrible things about her family, laugh at and belittle her beliefs, her ideals, her interests, whatever she does, he puts down and tries to make her feel like she is nothing. Then he goes behind her back and makes up lies about her, to her family! trying to isolate her from her own family. This is an abusive sociopath. Only cure, divorce.
Posted By Anonymous, Albany, NY

Posted: Apr 16, 2009
re: never a time when divorce is imminent
I mean no offense when I state that I disagree with the above posters comment that any couple can work out their problems IF THEY REALLY TRY. This simply is not the case when there is spousal abuse (from either partner), child abuse, ongoing emotional abuse where a husband can strip his wife's spirit down to the bone in horrifying ways. Domestic Violence can happen in all faiths, and it is not something that can be easily endured. One friend of mine had a husband who gave her 20 minutes to get to the store and back, and when she was 3 minutes late beat her severely. He demands she never leave the house, not see her family, and slaps her if he doesn't like dinner, the way she folded laundry, etc. So no, not all couples can work out their problems because sometimes the problem isn't about both partners behaviors, it's about abuse. Abuse destroys future generations when children are raised in these types of environments; often cause teen n adult children to turn away from G-d...
Posted By Anonymous
via chabadclarkcounty.com

Posted: Apr 16, 2009
divorce
The only time to divorce is when not to get divorced causes irreparable damage, to both husband, wife and children. Staying teaches everyone that misery is life's lesson instead of the joy of being loved and giving love. Is love not the ulitimate joy? and to learn to be loved, give love is what we learn in our everyday supplications to G-d. If divorce is the only answer can we do it with love? if we can then we are better for it
Posted By Anonymous, CH CH , NZ

Posted: Apr 14, 2009
divorce
There is never a time when Divorce is imminent. Any couple can work out their problems if they really try. Sure, it isn't easy...but nothing worthwhile ever is. Otherwise you move from one relationship to another whenever it suits you without ever really having to put your heart and soul into any relationship. People forget what things brought them together in the first place. They start taking each other for granted. They stop treating each other like the other person is the most precious thing in their life. They hit the person they should be showing love to, or they look for that hot moment with someone else who is not worthy. They need to realise that if they are cheating- it is with someone who knows they are already married. In otherwords someone who has no scruples and will flirt with anyone- a slut. How can anyone respect a person like that? It won't be long before you realise that you have made a horrible mistake and thrown away a marrage that could have been saved
Posted By Anonymous, Omaha, NE

Posted: Sep 10, 2008
When to Divorce
There are several additional views about when to divorce that haven't been mentioned.

We are told to know Him in all our ways, meaning that we should aim to emulate the example of HaShem when we choose any action. In terms of when to divorce, the example we have is in Hoshea the prophet when he was instructed by HaShem to marry the prostitute, Gomer bat Diblayim. G-d arranged this strange marriage to demonstrate that He doesn't seek divorce even when there appears to be an immoral matter.

Among the Rishonim, the halacha in many cases is decided or at least mentions this view as valid in certain types of marriages, namely one's first marriage which is also the marriage of one's youth and where children have been born to the couple.

Also, the redemption from Egypt began with a massive increase in divorce among the Jewish people as mentioned explicitly in the Haggadah. The Torah says that the final redemption and the coming of Moshiach will in many ways parallel redemption from Egypt.
Posted By Yaacov, Philadelphia, PA

Posted: Apr 20, 2008
When To Get Divorced
Anonymous from www.ourshul.org, I absolutely agree!

When there's TOTAL DISRESPECT for the needs, feelings and rights of others and the husband or wife doesn't care, divorce is the ONLY answer!
Posted By Lisa, Providence, RI

Posted: Jan 3, 2008
Abuse
When there is abuse present, constant, and damaging to family sanctity and life, there must be a divorce. When the husband is unfaithful, deceitful, immoral and corrupt, simply a wicked man, there must be a divorce, to save the family. When years and decades pass, and there is no improvement despite psychiatric treatment, medications, yeshiva education, and family lineage, only a divorce can protect the people in that family.
Posted By Anonymous, Gaithersburg, MD
via ourshul.org



 


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