The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-31


property IL no longer in the mdnus OF her In,
band. and she can dispose Of II as she will. IN,
amount of the dowry that Is due to her ls in,
alienable: she cannot make n prcscn, u # I,
her husbnndpnor relinquish 20 him any var, n,
Il. So long as II is not paid, her HUSBAND
must support her; and IL his prlpr,,,
Is not sufficient to pay the full amount. 81,
can levy upon tho land or goods which 3. h,,
sold to n third party before she was diyp-.e Cd
These laws were enacted for the rurpr.r n,
making divorce diflcult from n fnanc.a ,e.
OF view. for many q man found himself turaI,
ruined when lie had to pay all the claim. , hi,
divorced wife, His only salvation was tu mar,
her again. when the legal dowry was pail, N,
rabbinical court tore the bill OF dIvurr, ana
wrote on the reverse side thereof: TIN. 10. g,
torn not because II has lost its validity, o., l,,
cause the husband has paid all that was due .,
tho divorced woman. and she has no MOP,
claims upon him" Whenever n woman -
scented an act without this Endorsement She eopId
claim her dowry.
A divorced woman could marry ANY a,
whom she desired" Mum. XXX. 10 accar!
to the Mosaic law. but the rabbis restricted nj,
right for moral and ethical reasons. They .,,.
hibited her marrying n man who was sastcr, led
OF having had Illicit relations with her; ~,
could not marry the messenger who had br,g.l,
her bill Of divorce from n foreign land nor ,u
she permitted to marry the Judge who su..
tanned her plea. These restrictions were de.
signed TO prevent falsehooi ard .,.l,n.
terest vitiating tho act Of divorce. F.ns'lv
she was not permitted to get married
or even petroth.d within three months are,
the date OF the divorce. The divorced woman
was entitled to the custody Of her ch ld-cqf
she claimed Il; boys could be under her car.
until they reached the school age Of 9 years.
.nA DtvIa tnsn thay attained ,I.G-
jority. In both cases. however. the fatler WA,
Obliged to pay for their support. she VA.
compelled to take care of her CHI q 81 IL requr-.i
nursing at the breast. and would not take y,
food from another woman. The fAth.r u,
such . child had not only TO pay .r Il,
nursing. but also to provide for the mo,,e,
all that she needed for her heath.
50 that her milk might be nourishiug. " 81,
claimed the custody OF her boys after they had
attained the sixth year OF age. the father WAS 70
longer required to pay their board but he could
not take them away from her. Thee enA-'rsf.,
were made ut tho time Of Emperor Dlocl.,!an.
In the third century. when q constitution va,
published providing that the Judge could award
the custody OF such children according 70 hin
discretion. without regard to their ser or ne.
The bill OF divorce as q legal document Is "A
original Jewish institution. neither the Ara.
bians nor tho Greeks having known H. Tn,
Roman law Instituted II In the time Of nlocls.
tian. as Mr.. Amram Demonstrates. while ",h,
great prophet OF the captivity" referred g. Il A,
a well-Lnown thing not less than $50 rear. n,
c. isaiah. l.. u: the rabbinicai tradition date,
IL back to the time Of the patriarch Abraham,
Emperor Hndrian prohibited the issuing o, Bill,
OF divorce BY Jewish courts. and also issued
strict orders against the Observance OF the SAB
bath and against circumcision. From this or
author infers that the writing OF such toc..