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Showing posts with label Divorce. Show all posts
Showing posts with label Divorce. Show all posts

Sunday, August 19, 2007

Ki Seitzei, Devarim 24:1. The Law of Divorce.

The well known, and most misunderstood, Mishneh in Gittin 90a lists three opinions as to when one may divorce his wife.

Beis Shammai— ervas davar, evidence of lewdness or adultery.
Beis Hillel— hikdicho tavshilo, she ruins your food.
Reb Akiva— motzo acheres no’eh heimeno, you found someone else who is more beautiful than she.

Everyone knows this mishneh, and it is always a source of amusement or chagrin. We read the mishneh, and understand Beis Shammai, who defends the Institution of Marriage. Beis Shammai says that one may not end a marriage unless it is beyond hope, that the spouse is unfaithful to the vows and laws of marriage. Then comes Beis Hillel, and he says, even if she burned your food; and our eyebrows start to rise. Then comes Reb Akiva, who says that even if you find someone more beautiful, go ahead and divorce your wife, and we are completely astonished. Do Beis Hillel and Reb Akiva think so little of marriage that such trivial and selfish matters are good grounds for breaking up a marriage? And how does this conform with what we know about Reb Akiva’s great love and respect for his dear wife, his muse and inspiration, Rochel? This is the Reb Akiva of ‘rak, sachak, ubacha’?

But the truth is, this Mishnah is an example of ‘shicheis lo, lo bonov mumam’, that most people have no idea of how carefully one must read a mishnah, and they think it can be read superficially, and come out understanding it precisely backwards. Correctly understood, the mishneh becomes completely different.

The Gemora in Kiddushin says that "loving one’s neighbor as one’s self" is only possible after one is married. It is only through marriage that a person finds the necessary element for becoming a true tzelem Elokim, to attain the Godliness of pure empathy. To even begin to conceive of what "ve'ahavta le'rei'acha kamocah" means is only possible after experiencing the selfless ahava of kamocha that can develop in a marriage. What is this perfect marriage that the Torah envisions? What is this marriage that the Torah considers worthy of defending at all costs? Reb Akiva says that the Torah-marriage is one of perfect and selfless love and harmony. If not, it’s not what the Torah had in mind. If your relationship with your wife is so shallow that you find someone else more beautiful than she, if you think you can experience true love with someone else, go ahead and try. What you have in your marriage is not what the Torah wants anyway. Beis Shammai says, Relationships? What ‘relationships’? We have duties in life that demand our full energy and attention: get up, go to work, learn, come home, educate your children, who has time to waste on ‘Relationships’? As long as your wife is not a prutzah, that’s good enough. Beis Hillel holds that if your wife is indifferent to your well being, this dysfunctional family life will generate a tension that will distort and disturb your ability to grow spiritually or to achieve anything worthy.

Now, you see that it is not Reb Akiva that confounds and astonishes us, it is Beis Shammai's utilitarian view of marriage that is more depressing. Unfortunately, some people have come over to me after hearing this drosho and said they still find Reb Akiva surprising, because of course Beis Shammai is right.

(If you're the sort of person who talks about the din of Ben Sorer U'moreh at Bar Mitzvahs, and "yemei shenaseinu bahem shiv'im shana" at eightieth birthday celebrations, then I suppose you could use this at a Sheva Brachos.)