Q&A: Conditional Divorce Document
Conditional Divorce Document
Question
Hello,
I read that you conducted private weddings in which you found a solution to prevent refusal to give a divorce document already at the stage of drawing up the ketubah.
Could you please explain what halakhic mechanism you used in order to achieve the desired result (conditional betrothal, a conditional divorce document, or a combination)?
How did you deal with the fact that, in the case of a conditional divorce document, in principle it becomes automatically void the moment the couple has marital relations?
Thank you,
Abraham
Answer
We did not find any special solution. The couple asked us to conduct a conditional betrothal, and that is what we did.
But regarding your question, in my opinion it is not void even if they have marital relations (in the language of the Talmud: there is no condition in marriage), since the cancellation depends on the intention of the parties. The Talmud assumes that if there were marital relations, their intention is to cancel the condition, because a person does not render his intercourse an act of promiscuity. But if it is clear that their intention is not such, the condition remains in force like any condition in the world.