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The woman claimed the husband had become a sex pervert. Will you get her full rights? - Walla! Of money

2021-07-20T18:10:44.546Z


An unusual case came to the rabbinical court, centered on a woman who claimed that her husband required her to have sex very often along with strange requests, which included sex toys and abnormal activity in his hidden organs. Believe it or not, there is a lot of interpretation here as well, so we turned to the explanations of Adv. Dana Tirosh


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The woman claimed the husband had become a sex pervert.

Will you get her full rights?

An unusual case came to the rabbinical court, centered on a woman who claimed that her husband required her to have sex very often along with strange requests, which included sex toys and abnormal activity in his hidden organs.

Believe it or not, there is a lot of interpretation here as well, so we turned to the explanations of Adv. Dana Tirosh

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  • divorce

David Rosenthal

Tuesday, 20 July 2021, 10:51 Updated: 10:59

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Will a woman who has refused to comply with her husband's sexual deviations be entitled in the context of the divorce claim to her full rights under the law, including alimony and ketuba alimony?



The issue has recently come to the forefront of the Tel Aviv Regional Rabbinical Court, in light of the woman's claims that her husband has become a sex pervert over the years and she cannot provide for his needs.

According to her, the husband requires her to have sex with him very often, sometimes up to 10 times a day, as stated, along with strange requests to insert her fingers into his hidden organs, use props and watch porn.

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The husband began to demand extreme things, but the story is not so simple (Photo: ShutterStock)

In this case, the gap between the couple and the lack of cooperation on the part of the wife led the husband to find what he was looking for outside the home, and this began to consume paid sex for the fulfillment of his sexual fantasies. It later became clear to the woman that at the same time he was having, in addition to casual sex, also relationships with other women until one day he left the house and did not return. He moved in with one of his mistresses.



The divorce lawsuit was filed before the woman found out about the affair and before he left the house and it is clear that in light of the circumstances discovered in the meantime, the woman who was betrayed and abandoned by her husband, for no wrongdoing, is entitled to all her rights including her address.



This case, in which the issue of sexual intercourse becomes an insurmountable rock of contention between the spouses, is not a private case, but one example of many kinds of cases in which the judges of the rabbinical court go too deep into the sheets of the litigant couples.

Through Adv. Dana Tirosh Eliyahu - Partner in the law firm Adv. Sheklerz - Tirosh who deals with family law, we answer the essential questions on the subject

What is the position of the rabbinical courts regarding sexual intercourse between spouses, their frequency and nature?

In order to dive into the court's set of considerations regarding claims regarding the nature and frequency of sexual intercourse between spouses, one must first understand the halakhic background on which the judges in the rabbinical court are based.



Tractate Ketubot, addresses, among other things, the question of the frequency of the observance of the "commandment of the season" and the minimum frequency of the existence of the marital relationship. Beit Shamai states that this is at least once every two weeks, while the more stringent Beit Hillel stipulates that he must grant the request every week. Sages, of course, also addressed the health issue and other restrictions that prevent a man from observing this mitzvah, while stipulating that frequency also takes into account the husband's physical ability and other occupational constraints.



At the same time, the halakhah and its interpretations state that the husband cannot force his wife to sleep with him.

Rabbi Kanievsky referred to this and wrote that according to Torah law, it is forbidden to do bringing in a way that the woman is not reconciled, and is obligated to reconcile in a hug and kiss until she lusts for connection.

According to him, if not then she is in front of Ari who is raping and eating.

Along with the aforesaid, it should be remembered that this is a mutual duty, since the law states that the wife is also obligated to have sex with her husband.

Yes, you will definitely enter the bedroom (Photo: Flash 90, Jonathan Zindel, Flash 90)

Do the rabbinical courts go into the couple's bedroom?

Definitely yes.

Questions like "When did you last lie down? Why? How much? What contraceptives did you use?"

These are certainly questions that arise in court hearings, which try to examine the reason for the distance between the couple and its extent.

However, not much weight will be given to questions of frequency and morality, as the rabbinical court will not force a married life on those who wish to divorce.

What is the legal meaning of a chronic refusal to have sex with the husband?

In a case where the rabbinical court is convinced that it is a permanent pattern, it may determine that it is a 'rebellious woman'.

This determination allows the husband to expel the wife and she will not be entitled to her alimony and address, provided that the rebellion is due to malice.



The Talmud coined a term called 'Ba'ina Lia and Mazzarna Lia', meaning that the very refusal stems from pure revenge and the use of sexual intercourse as a punitive tool, following a quarrel or dispute that arose between the couple.

Thus, in a case where the wife insists on her right to alimony and address, she must prove that she was willing to have a marital relationship with her husband, but there are recognized reasons in law for which she is not willing to live with her husband and have a marital life with him.



It is important to remember, even if it is determined that the woman is not entitled to alimony and her address, upon termination of the parties 'marriage she will be entitled to receive half of the parties' accumulated property and alimony for the minors if any.

And what does it mean to refuse to cooperate with the husband in fulfilling his sexual fantasies?

The Maharit, one of the greatest Jewish arbitrators, wrote that a demand to have more sex, once a week or twice a week (and depending on the man's health and employment restrictions), would not be a reason to contain a rebellious law on the woman, which is a reason for divorce, including refusing sexual requests. Anomalies, for example, in Jewish law, came in an unusual way - the common nickname for heterosexual anal sex, in which the man inserts his penis into the woman's anus, is an action that the woman will refuse without it being interpreted as rebellion.

Lots of issues, lots of interesting answers.

Adv. Dana Tirosh (Photo: Yachz)

"I'm sick of".

Is that enough to justify a husband's charge?

The 'Mais Ali' claim arises a lot in the context of grounds for divorce in the rabbinical court.

This refers to a case in which the wife refuses to have a marital relationship with her husband, not out of revenge, but because of the concrete and substantive justice that leads to her disgust.

It does not only mean insults, curses and the threatening reality in which she lives.

Some judges state that the fatigue should not be from the marital relationship, but should be implied in any claim that reflects a rift and distance between the couple.



In fact, the court does not even impose on the man the duty to try to persuade and reconcile until she forgives, because if the woman has reached such a serious situation that her husband is disgusted with her and she says so with a wavy brush, then she will probably not return.

In the case of a 'Mais Ali' rebellion and if the wife succeeds in proving that the husband caused her to dislike him, the wife will not lose her rights according to law.

If such a claim arises in many cases, how does the court know to distinguish between an idle claim and a true claim?

To do this, the woman must lift the burden of proof and convincingly that Maisa is firmly entrenched in reality.

For example, if he beats her, or does not feed her properly, turns her life routine into hell - then it is clear that such a woman can not continue to live with her husband.

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Source: walla

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