Chapters from the Ancient yewish Law.

495

divorce was granted her, the Jewish law marriage (Deut. xxv. 5-10). She however knowing nothing of a separation from bed refused to marry him, saying, " I did manage and board. And on the same principle she to survive your brother, but I could not live He appealed to the could obtain a divorce when her husband through it again." subjected her to continuous ill treatment, Court for relief, but the Court sustained driving her from him, or beating her. In her objection. The ancients thought polygamy permis the words of Rabbi Isserles, " If a man beat his wife, it is considered an offence as if he sible, provided the ladies agreed. And an had beaten his neighbor; and if he repeats old law provided that if a man married a such cruelty, it lies in the power of the Beth second woman without having obtained the Din (Court), to reprove him, to excommuni consent of his first wife, the latter was en cate him, to punish him with the lash, and titled to a divorce. Polygamy had ceased to place him under oath not to offend again; to exist among the Jews as early as the fifth and if he disobeys the order of the Court century, and it was officially interdicted in and breaks his oath, his wife is entitled to a the eleventh century by the decree of Rabbi divorce, since it is not the custom of men of Gershom of Mayence. Divorce for desertion was unknown among Israel to beat their wives, nor is it to be per mitted; if however she is also at fault, as the Jews, for no decree could be made unless when she curses him or insults his parents the husband was present and personally gave and neglects her duties, I am of the opinion the bill of divorcement. How the difficulties that he is entitled to chastise her, although of this law were overcome has been described many Rabbis have ruled that it is forbidden in the article on " Divorces on Condition " in to beat even a wicked woman. If there is the August (1891) number of this magazine. This review of the leading causes for di any dispute as to the facts, the burden of proving her fault lies on the husband, for the vorce at Jewish law will impress the reader presumption of innocence is always in favor with one fact; namely that divorces were allowed only upon cause shown and coram of the woman." To this opinion a distin guished commentator adds : " The fault is judice. The causes are such as most of our even greater than an attack upon a neighbor, States recognize as sufficient, on account of for a man is not obliged to uphold the honor their inherent destructiveness of family life. of his neighbor, whereas the honor of his The spirit of the Jewish law was opposed to di wife must be as sacred to him as his own, vorce for the same reason that the spirit of our and he is in duty bound to maintain it. The laws antagonizes it, and the spirit of Jewish wife's honor rises with that of her husband, law did not oppose divorce in theory alone, but does not fall with his disgrace. A for it was the duty of the judges to effect a woman is given to a man as a companion reconciliation of the parties whenever it was through life, and not as an innocent victim possible. The faults of the system of divorce for his malice; she lives under the same at Jewish law are marked, viewed from a sub roof, reposing the utmost confidence in him : jective standpoint; yet an historical study how then shall the law allow this confidence of the condition of the people among whom it was developed and of the circumstances to be abused?" which prompted the adoption of the different If the husband was engaged in a malodor ous business which rendered cohabitation laws, points to a distinct ethical advance of with him intolerable, the wife was entitled the Jewish law over all the contemporary legal to a divorce. In one case the husband who systems, and to a flattering equality in legal was a tanner died, and the widow was reasoning and able legislation with Rome, claimed in marriage by the deceased hus the most distinguished law-making people of band's brother under the law of the Levirate the world.