Jun 18, 2017

miscarriage isn't a reason for divorce

Haredim10 has an interesting divorce case that was settled in beis din.

The wife demanded a divorce claiming that her husband is having marital relations with another woman and even has children with her. She claimed the full value of her kesuba, both base and additions, to the tune of 1 million shekels!

the husband claimed he should not have to pay anything, because his wife is unable to have children, thus being defective merchandise, proof being that she has miscarried three times already!

Her advocate argued that miscarriage is not recognized as a valid reason to force a gett with no payment, and with his admission that he is living with another woman, he should be obligated to pay in full.

The beis din decided in favor of the woman, as miscarriage is not considered a defect, and they obligated him to pay the value of the kesuba at 300,000nis.

It does not explain why she claimed 1 million and they decided 300,000nis. The kesuba, if it isn't the general 200zuz, is very specific (generally by sefardim) - did it say 1 million or 300,000? Perhaps they awarded the base kesuba without the additions, or maybe there was some sort of compromise, as is also common in beis din..

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