Marriage and Divorce Customs in Yemen and Eretz Israel

Bibliographic Data

ID23211467
AuthorsAharon Gaimani (corresponding author)
Year2006
Volume11
Pages43-83
Publication date2006-04-01
Open AccessNo
TypeARTICLE
VenueNashim (JOURNAL)
Journal identifiersISSN: 0793-8934 • E-ISSN: 1565-5288
PublisherIndiana University Press (PUBLISHER • US)
DOI10.2979/nas.2006.-.11.43
OpenAlexW2162694561
LanguageEN
Citations received2
References cited2

Until the Yemenites' mass immigration to Israel in the years before and immediately after the establishment of the State, Yemenite Jewry preserved several marriage and divorce customs based on the rulings of the Talmud and of Maimonides that had been abandoned by other Jewish communities. These customs included the marriage of minor girls, levirate marriage (yibum), polygamy, divorce against the wife's will, and compelling a husband to divorce a wife who could not bear to live with him. Economic and social factors also influenced marriage practices in Yemen. Thus, underage girls were often betrothed in order to ensure them a good match, or, if they were orphans, to save them from forced conversion to Islam. Similar factors contributed to polygamy, which was less prevalent in Yemen than is commonly thought. Yemenite scholars were flexible in their rulings regarding yibum and considerate of the interests of the childless widow (yevamah). In Israel, most of these customs have disappeared because of the different social conditions prevailing there and the ordinances of the Chief Rabbinate, which forbid the betrothal of girls under the age of 16 and enforce the ban of Rabbeinu Gershom regarding polygamy and divorce without the wife's consent.

Ancient history · Land of Israel · Palestine · Political science · Archaeology and Historical Studies · Families in Therapy and Culture · History · Islamic Studies and History

Tools

Open DOI