Identity, Religion, Sex & Gender

In our mouths and in our hearts: Day 12

Today: Mawwiage
121. “When you are at war in your land against an aggressor who attacks you, you shall sound short blasts on the trumpets, that you may be remembered before Adonai your God and be delivered from your enemies.” (Numbers 10:9) = public fasts in times of trouble
122. “When a man marries a woman…” (Deuteronomy 24:1) = to get married with ketubah and kiddushin
123. “No Israelite woman shall be a cult prostitute, nor shall any Israelite man be a cult prostitute.” (Deuteronomy 23:18) = no sex without ketubah and kiddushin
124. “He must not withhold her food, her clothing, or her conjugal rights.” (Exodus 21:10)
125. “Be fruitful and multiply.” (Genesis 1:28)
126. “He shall write her a document of divorce.” (Deuteronomy 24:1) = to divorce with a get
127. “The first husband who divorced her shall not marry her again.” (Deuteronomy 24:4) = a woman who has been divorced and remarried, and the second marriage was terminated
128. “When brothers dwell together and one of them dies and leaves no son, … [the surviving brother] shall marry [the widow of the deceased].” (Deuteronomy 25:5) = levirate marriage
129. “If he insists, saying ‘I do not want to marry her’, his brother’s widow shall go up to him in the presence of the elders, pull the sandal off his foot, spit in his face, and make this declaration: ‘Thus shall be done to the man who will not build up his brother’s house!'” (Deuteronomy 25:9)
130. “The wife of the deceased shall not be married to a stranger, outside the family.” (Deuteronomy 25:5) = in a case of levirate marriage (#128), until the chalitzah procedure (#129) is carried out, or the surviving brother dies or is otherwise exempted
131. “If a man seduces a virgin … he must weigh out silver in accordance with the bride-price for virgins.” (Exodus 22:15-16)
132. “She shall be his wife.” (Deuteronomy 22:29) = similar case to #131, but this time force is involved
133. “Because he has violated her, he can never have the right to divorce her.” (Deuteronomy 22:29)
134. “She shall remain his wife.” (Deuteronomy 22:19) = a man marries a woman and claims she wasn’t a virgin when they got married, and evidence is presented to the contrary
135. “He shall never have the right to divorce her.” (Deuteronomy 22:19) = same case as #134

2 thoughts on “In our mouths and in our hearts: Day 12

  1. The problems with #132-135 speak for themselves. 1) These women are trapped in marriages with abusive men for the rest of their lives. 2) Makkot 15-16 is HARD!
    So I want to ask whether there’s anything positive to be found here. At one time it made sense — in a time when marriage was women’s only route to economic security, these laws ensured that they wouldn’t starve. What about now, when a woman can provide for herself just fine? Is there anything to be learned from these mitzvot? That’s not a rhetorical question; i just don’t have an answer.

  2. The Rambam’s interpretation of #123 is rather controversial, right? Are there others who consider this to be a d’oraita prohibition?

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