ALIYAH: CONFLICT AND AMBIVALENCE

So far, the narrative of the case. Now we hear the halakhic verdict of the beit din:

They ruled that if the way is not dangerous, and if there is no other obstacle that would prevent the journey, the woman is obligated to go to the Land of [srael and settle there. If she does not acquiesce, she will be divorced without her ketubah.*

Reuven won the court case, but the leaders of the Alexandra Jewish community were unwilling to accede to this unjust decision They appealed to the Rambam to resolve this inequity.

The man’s lawsuit was upheld. When the leaders of the community heard the verdict, however, they were extremely angry an asserted that anyone who hates his wife and wants to divorce her

without the ketubah payment will libel her with this false charge. which would become the reason for divorcing most women from ther husbands.

May your Majestic Holiness teach us whether to acquiesce to this doubtful outcome or to return to the accepted custom of the state and what are the ramifications of this case, in accordance with his wondrous wisdom and his reward will be great.”

On the face of it, Maimonides might have been expected© confirm the decision of the Alexandrian judges, since it was almos identical with his own codification in the Mishneh Torah:“If a md wishes to go up to the Land of Israel and his wife refuses, she is to be divorced without her ketubah.”*

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