Woman with comatose husband granted religious divorce
Rabbinic court finds legal loophole to approve the dissolution of the marriage
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An illustrative photo of marriage (photo credit: Yossi Zamir/Flash 90)
An Israeli government religious court granted a ritual divorce to a woman whose husband is in a coma and cannot consent.
The ruling by the court in Safed took place two months ago but was made public Tuesday.
Jewish law requires the husband to consent in order for the ritual divorce, or get, to be valid. But according to Haaretz, the court used an obscure Jewish legal concept called a “get zikui” to allow the divorce because the husband would have consented if he were conscious.
The ruling can act as precedent for other women with husbands in comas, but the court ruled that it would not apply to women whose husbands intentionally refuse to divorce them.
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