“Ordering” a divorce, however, does not, at least according to some rabbinic judges, authorize the equivalent use of unlimited pressure on a recalcitrant husband that the term kofin oto does. zi ve-yiten ketubbah stays the hand of some rabbinic court judges who are asked to decide cases on grounds that are not specifically ones in which the Talmud uses the term kofin oto-compulsion. In those cases-which amount to almost all the cases that come before them-the rabbis sensitive to the distinction between kofin oto and yozi hesitate to apply any force against recalcitrant husbands that is more than merely persuasive. Hok Lit. “house of judgement.” Jewish court of law Battei Din Rabbaniyyim (Kiyyum Piskei Din Shel Gerushin) 5755–1995-such as imprisonment, or the withholding of banking privileges, or the cancellation of professional licenses. Their halakhic dilemma that allows them to apply such penalties only under the very limited kofin oto circumstances is exacerbated by the fact that the law specifically allows them to impose those penalties even when they “order” the husband to give the divorce, or merely “advise” him to do so.
Somebody often quote Maimonides’s position concerning your “repulsive spouse” to support the notion you to definitely Jewish laws makes it possible for splitting up established towards irretrievable post on the wedding. Considering Maimonides (Mishneh Torah Hilkhot Ishut 14:8), if the a woman states you to the lady spouse is actually repulsive so you’re able to this lady (ma’is alai), the brand new rabbis need certainly to force the woman partner supply the woman a rating instantly. Maimonides’s reasoning is that a woman are “not like a captive that will end up being obligated to have intercourse which have men and women whom she despises.” It is not sure, not, whether or not Maimonides’s modern reputation is based on the fresh new Talmudic mention of the new edgy girlfriend ( Edgy partner moredet ) (BT, Ketubbot 63b–64a), otherwise to your takkanat ha- Lead of one’s Torah academies out-of Sura and you can Pumbedita during the six th so you can 11 th c. Babylonia. geonim (legislation of one’s minds of the academies for the Babylonia, 6 th to help you 11 th centuries) and dina de-mesivta (the latest rules of your own academy) (Breitowitz).
He has got the option of remaining this lady so you’re able to serve the their needs but his sexual of them, or even breakup the lady, within his discretion
On the one-hand, the latest Talmudic situation regarding your edgy spouse keeps you to definitely a lady which despises this lady husband cannot be obligated to have sexual intercourse that have your. However it is a matter of Talmudic debate whether a guy should be forced to breakup like a lady. Concurrently, very rabbinic authorities look after your Regulations of one’s Academy especially signed up rabbis to force Jewish husbands supply the 
He or she is reluctant to apply men and women penalties enumerated when you look at the
Rabbenu Tam and the Rosh both take issue with Maimonides’s position that it is possible to coerce a husband to give a divorce to his rebellious wife who abhors him. The Shulhan Arukh (Even ha-Ezer 77:3) resolves this debate: A rebellious wife cannot be forced to have intercourse with her repulsive husband, but her husband cannot be forced to divorce her.
