Faith

Does the altar weep over every divorcing couple?

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Question

Shalom,

I understood that when a couple divorces, the altar weeps.

Are there cases when it does not, and if so, when?

Thank you in advance.

Answer

Shalom,

Indeed, this is what was stated in Tractate Gittin (90b): Rabbi Elazar said, anyone who divorces his first wife, even the altar sheds tears over him, as it is stated (Malachi 2:13-14), "This second thing you do: You cover Hashem's altar with tears, with weeping and groaning, so that He no longer regards the offering or accepts it gladly from your hand. And you say: Why? Because Hashem has been witness between you and the wife of your youth, against whom you have dealt treacherously, though she is your companion and the wife of your covenant."

Rashi explained in the Book of Malachi (there, verse 13) that they would come before Hashem's altar and weep before it, saying, What have we sinned, and what wrongdoing have our husbands found in us? Here we stand before the altar to be examined like suspected adulteresses. End of quote.

As stated, this was not said about a second wife or any later wife. Nor was it said in a case where he divorces her because he found in her some indecency (Shulchan Aruch and Rema, Even HaEzer, siman 119, seif 3).

In our time, this does not apply at all, because the Beit Yosef already wrote (Even HaEzer there), in the name of the Agudah (Gittin siman 165), that the altar sheds tears only when he divorces her against her will. In Beit HaBayit there, he added that the Ran likewise wrote in a responsum (siman 17, seif 1). And so wrote the Rema (there), that the statement that anyone who divorces his first wife, the altar sheds tears over him, applies only in their time, when they would divorce her against her will, but not when he divorces her with her consent.

With blessings,

Hillel Meirs


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