Responsa על כתובות 143:10
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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