Sunday, November 11, 2007

Kesubos 72a - Married to a Rasha

It seems from the mishna that a woman looses her kesuba for violating da'as moshe i.e. to be machshil her husband in issurei torah, and for da'as yehudis i.e. to act in a way that chazal consider to be preitzus. It seems that if one is married to a woman who is a rasha that is not grounds for divorce. It is only if she would at least try to machshil him, even if she was unsuccessful, then it would be valid grounds for divorce and she would loose her kesuba (tosafos implies that the language of the mishna compels the gemara to find a case where she actually fed him issur, but really even attempting to feed him issur would be a violation of da'as moshe). This seems interesting that according to chazal one is not justified to divorce his wife even if she decides to be not religious at all, so long as the devarim shebeino l'beina are maintained.
But, perhaps once she is not religious she is no longer believed in inyanei kashrus and nidah (presumably v'safra lah applies only to a religious woman), and since he won't be able to trust her to have relations with her, it would be the equivalent of a moredes m'tashmish?

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