Judaism: Divorce & Remarriage (Edexcel GCSE Religious Studies B): Revision Note

Jewish teachings about divorce & remarriage

• Divorce is a legal process that ends a marriage

• Marriage is seen as a sacred thing in Judaism, recommended by God from the very start of human creation, according to the Torah

  • When God created the first human, he said ‘It is not good for the man to be alone’ (Genesis 2:18) and therefore created Eve, the first woman, as a companion for Adam

• However, Judaism accepts that some marriages do not work out. Therefore divorce is permitted in Judaism

  • It is believed that it is better for the couple to divorce rather than stay together and be unhappy

• However, although divorce is allowed, it is a last resort 

  • When the couple have married, they have become ‘one flesh’ and so getting a divorce should not be an easy process or one that is undertaken lightly 

• The Nevi’im says that God hates divorce 

• The Talmud speaks of God’s sorrow when a marriage ends:

• Maimonides sets out conditions for when a divorce can happen in the Mishneh Torah (Ishut 24)

  • These conditions include the situation when a man knows his wife has committed adultery

• In Judaism, the process of getting a divorce starts with a period in which there are attempts at reconciliation

• If this does not work, then in Orthodox Judaism a get, or bill of divorce, is served by the man to the woman

  • This follows the process described in the Torah

• Traditionally, the get is issued by the man because he put forward the original contract with its promises, therefore it is he who cancels it

• The divorce has to be agreed by both the husband and wife

• The get

  • is written in black ink, with no mistakes and on parchment – it is an official document

  • is served before the Bet Din (Jewish Court of Law) and must be witnessed by two Jews

  • ends the marriage in Jewish Law

• The couple must also get a legal divorce in the UK to ensure they are divorced in civil law as well as Jewish law

• Following the granting of a get and a legal divorce, the divorced person is free to remarry

• Because only a man can initiate a divorce in Orthodox Judaism, women who want a divorce may face issues in obtaining one

• Without a ‘get’, they cannot remarry in a Jewish ceremony

  • These women are known as agunot which means a chained woman

• The situation is easier for women in Reform Judaism because the Jewish court can issue a get even if the husband does not initiate one

  • Reform Jews do not need a get to remarry

Judaism & non-religious attitudes towards divorce & remarriage

Non-religious attitudes towards divorce & remarriage

• Many non-religious people, including Atheists and Humanists, would agree with the Jewish ideal that marriage is a lifelong commitment

  • Even for non-religious people, marriage is still a legal commitment to another person for life

• They would oppose divorce unless it is justified

  • Many marriage guidance counselling organisations exist to help couples try to work through their differences and avoid ending their marriage

  • This is especially important if there are children involved, as divorce can cause them distress

• However, divorce is legal in the UK and there are several occasions when non-religious people would accept that divorce and remarriage are the correct way forward

• Reasons might include:

  • The marriage has broken down and cannot be reconciled

  • People should be free to choose their future path

  • Everyone deserves the chance to find love again

Jewish responses to non-religious views

• Jewish people would accept the idea that marriage is entered into as a life-long commitment, but would rather see the couple divorce than remain in an unhappy marriage

• The reasons why a Jewish marriage might break down are the same as for any non-religious couple

• Jewish leaders realise that a couple experiencing difficulties in their marriage are undergoing a trying time

  • They would encourage the couple to seek advice and undergo a period of trying to reconcile first

  • Help and counselling are available within the community for this difficult time

• Once the couple have a get and a civil divorce, they have all the same rights as any non-religious couple to remarry

• In Reform Judaism, all that the couple need to remarry is a civil divorce

Ethical theories surrounding divorce & Jewish responses

Ethical theories & divorce

• Some people adopt ethical theories to help them make decisions about moral issues like divorce

• One ethical theory is situation ethics which focuses on what the most loving thing to do in the situation would be

• In the case of divorce, the situation ethicist would ask what is the most loving action to take

  • For example, the most loving thing if the couple’s relationship has broken down and reconciliation is impossible is to allow them to divorce and remarry someone else, rather than remain in an unhappy marriage

Jewish response to ethical theories

• Jews would largely share this attitude towards divorce because they would want the couple to be happy and fulfilled, and therefore the most loving action would be to allow them to divorce and find happiness in a different relationship

• If there are children involved, the most loving thing to do would be to ensure they do not suffer

• They would try everything possible to avoid the divorce first, including attempts at reconciliation