Consequences of Incomplete Divorce

The rabbis devote much discussion to issues of marriage and divorce because the legal consequences of adultery in rabbinic law are grave. A mamzer, the product of an incestuous or adulterous relationship, is not allowed to marry anyone other than a fellow mamzer. To prevent the occurrence of mamzerim, the rabbis require that a bill of divorce be given directly to the wife, so there can be no confusion as to her marital status. The rabbis were also concerned with preventing the occurrence of agunot, women who are chained to a marriage because the husband has disappeared or because he has refused to grant her a bill of divorce even though he has abandoned her. An agunah cannot marry another man, as she is still legally married to the first husband, rendering any subsequent relationship adulterous.

Engage with this Source

The rabbis devote much discussion to issues of marriage and divorce because the legal consequences of adultery in rabbinic law are grave. A mamzer, the product of an incestuous or adulterous relationship, is not allowed to marry anyone other than a fellow mamzer. To prevent the occurrence of mamzerim, the rabbis require that a bill of divorce be given directly to the wife, so there can be no confusion as to her marital status. The rabbis were also concerned with preventing the occurrence of agunot, women who are chained to a marriage because the husband has disappeared or because he has refused to grant her a bill of divorce even though he has abandoned her. An agunah cannot marry another man, as she is still legally married to the first husband, rendering any subsequent relationship adulterous.

Read more

You may also like