Husband's duty to cohabit with his wife stems from
biblical law (Exodus 21:10) and he is
obliged to do so according to his physical abilities and
so far as it is possible for him having regard to the
requirements of his occupation (Yad, Ishut 14: 1,2 ; Sh.
Ar., EH 76: 1-3)
If he unable to fulfill this duty the wife is entitled to
demand a divorce (Yad, Ishut 14: 7 Sh. Ar., EH 76:11)
unless there are reasonable prospects, on the strength of
medical evidence, that he may be cure of his disability.
(PDR 1:85-89 ; 3:84-89)
A husband refuses without justifiable reason, to cohabit
with his wife is called a mored but he is not if he
refuses to fulfill his other toward her. (ibid and Maggid
Mishneh, Ishut 14:15 ; Bah, EH 77).
Proof that her husband is mored entitles the wife to
demand that he be obliged to grant her a divorce, and if
necessary, that he be compelled to do so (on the
distinction). As long as the husband persists in his
refusal to cohabit with his wife, she is entitled to
demand the amount of her ketubbah be increased from week
to week, as may be determined by the court and to receive
ketubbah upon the grant of the divorce. (Ket. Yad, and
Maggid Mishneh, Ibid ; Sh Ar., EH 77:1)
("rebellious " wife).
The Wife similarly regarded as a moredet only when she
persistently refuses to cohabit with her husband (Ket.
63A, Yad and Maggid Mishneh, Ishut 14:8 ; Sh. Ar., EH
The moredet falls into two categories: firstly, that of a
wife who refuses to cohabit with her husband because of
anger or a quarrel or for other reasons offering no legal
justification; secondly, that of a wife who refuses to
cohabit with her husband because she cannot bring herself
to have sexual relations with him and can satisfy the
court that this is for genuine reasons which impel her to
seek a divorce even with forfeiture of her ketubbah.
In Both cases the moredet immediately loses her right to
maintenance (Sh. Ar., EH 77:2 ; Pdr 6:33, 42) and in
consequence thereof, her husband loses his right to her
handy work since he is only entitled to this in
consideration of her maintenance, i.e. only if she is
actually maintained by him (Rema, EH 77:2)
Ultimately, the moredet also stands to lose her ketubbah
and the husband will be entitle to demand a divorce, but
this depends on conditions that differ according to the
category of moredet and in this regard the halakhah underwent
Husband (legal obligations) || Husband & Wife || Marriage || the Hasdic View