Responsa for Ketubot 143:9
<big><strong>מתני׳</strong></big> ואלו יוצאות שלא בכתובה העוברת על דת משה ויהודית ואיזו היא דת משה מאכילתו שאינו מעושר ומשמשתו נדה ולא קוצה לה חלה ונודרת ואינה מקיימת
These leave [their marriage] without their ketubah: A wife who transgresses the law of Moses or Jewish law. And what is the law of Moses? Feeding her husband with untithed food, having intercourse with him while in the period of her menstruation, not separating dough offering, or making vows and not fulfilling them.
Teshuvot Maharam
Q. Witnesses testified that A's wife had committed an act forbidden to her by ban and oath. Moreover she brought forward a scoundrel who was in love with her and who threatened to kill A should he mistreat her. Is A permitted to divorce his wife against her will? Is she entitled to her ketubah?
A. A is enjoined to divorce his wife since she disregarded a ban and an oath and thus transgressed against Mosaic law. The ban of Rabbenu Gershon against divorcing one's wife without her consent, was not directed against those husbands who perform meritorious deeds by divorcing their wives. However, since A's wife claims that she was not forewarned of the consequences of her deed, and A can produce no witnesses to prove that she was so forewarned, she will be entitled to collect her ketubah after receiving her divorce.
SOURCES: L. 245; Hag. Maim. to Ishut, 24, 4; Mord. Ket. 196. Cf. Hagahot Asheri Ket. 7, 9.
A. A is enjoined to divorce his wife since she disregarded a ban and an oath and thus transgressed against Mosaic law. The ban of Rabbenu Gershon against divorcing one's wife without her consent, was not directed against those husbands who perform meritorious deeds by divorcing their wives. However, since A's wife claims that she was not forewarned of the consequences of her deed, and A can produce no witnesses to prove that she was so forewarned, she will be entitled to collect her ketubah after receiving her divorce.
SOURCES: L. 245; Hag. Maim. to Ishut, 24, 4; Mord. Ket. 196. Cf. Hagahot Asheri Ket. 7, 9.
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