Is Gerushin an aveirah?

The perplexity of this question is grand because we all know that the concept of divorce is mentioned in the Torah (Devarim 24:1). However, we all know that the culture of modern divorce is not aligned with our traditions.

No-Fault Divorce

Historically, a secular divorce required grounds for why it was happening which includes but is not limited to adultery, abandonment, cruelty, criminal conviction, infertility, and mental illness. Irreconcilable differences were grounds for divorce.

No-Fault Divorce is a relatively new phenomenon. It was not a traditional concept that one could divorce a spouse merely because they don’t like the other, but Western society is treading a path which creates dangers in the destruction of family values. Before the holiness of marriage was destroyed, the holiness of divorce was long dead.

In 1969, when Ronald Reagan was the governor of California, he signed a clause to allow No-Fault Divorce in his state. He later admitted that it was the biggest mistake in his political career. The dangers of No-Fault Divorce is that a person can get divorced without any reason or basis. The slippery slope of No-Fault Divorce paved the way for the chain-reaction of events which deeply affected Jewish life in Western Society.

At this time, every state in America allows for No-Fault Divorce. By 1983, every American state except for New York and South Dakota had enacted No-Fault Divorce. In 1985, South Dakota had allowed it. In 2010, the State of New York was the last state to legalize it. Every state in America allows for No-Fault Divorce formally enact such a policy. The exact policies for how it works depends on the state. The United Kingdom formally passed a law recognizing No-Fault Divorce in 2020 which only came into effect in 2022.

Former Communist countries like China and Russia had Pro-Divorce laws that were introduced much earlier. The Communists have a history of being deep into Progressive ideologies. Of course, Judaism doesn’t bow down to such ideologies…

The Torah does not promote No-Fault Divorce. This is a completely Non-Jewish concept. The best way for an American couple to divorce is through a practice that is collaborative or involves mediation where they work with professionals to help negotiate and settle the issues pertaining to assets that become divided in the act of divorce. Reaching a mutual agreement in the act of getting divorce is significant as this prevents wars with the spouse from taking place.

Dayanim Akhshav

The broad range of ideologies among of today’s dayanim has created an atmosphere of confusion as to what is kosher and what is assur in the matters of divorce. No-Fault Divorce has an influence on this because of the seemingly quick and easy nature of modern, secular divorce culture. Because of this, some have been blatantly ignorant towards the issues that take place when either party kidnaps the children, litigates in the secular court, and/or demands a Gett to be forced in the cases where it shouldn’t be forced…In essence, they are creating aveiros despite the fact that a Gett is a Mitzvah in the Torah.

The Torah mentions the guidelines of what a Gett is, and our sages have expounded on what this means. The Liberal view on divorce has created an unstable culture which is, unfortunately, violating the Halakhah. So while an at-fault divorce is not a sin, the culture of No-Fault Divorce and Gett Meusah has created Aveiros from the Mitzvah.