Tuesday, March 3, 2009

Nullifying marriage with homosexual husband

Igros Moshe (E.H. 4:113):
Concerning the present matter [where the wife has discovered that her husband has had homosexual relations], since we find that this is considered a major defect the marriage is a mistake also for the wife as I have explained in Igros Moshe (E.H. 1:79 and 1:180).. It is also reasonable that the fact that the husband is involved in homosexual relations - which are the worse possible abomination and most disgusting thing - it is a disgrace to the whole family.   And surely it is extremely degrading to his wife that her husband prefers this disgusting intercourse rather than intercourse with his wife.   Thus it is definitely a mistaken marriage. It is clear to us that no woman would be willing to marry such a disgusting, repulsive and debased man as this. Consequently if immediately after she was informed about this she left him - that if it is impossible for her to receive a divorce from him - that she should be permitted to remarry because of having a mistaken marriage. However if it is possible to obtain a divorce, it is necessary to try with all that is possible in order to obtain a kosher get. On the other hand, if he is not fully immersed in homosexuality - but only occasionally because of the influence of his lust -   perhaps this should not be considered to be a mistaken marriage. So even though he is a complete rasha (wicked) - even for the sake of a single incident – there are those who mistakenly imagine that this is called a mistaken marriage. However if he is fully immersed in homosexuality - in that he gets more pleasure from homosexual intercourse than from relations with women – it is definitely a mistaken marriage. All of this is if she left him immediately when she found out. But if she remains with him even after being notified, then it is difficult to nullify the marriage. If his behavior is the result of foolishness, since this is something which is unnatural it is definitely a defect. Since it is from foolishness it is likely that there are other manifestations of foolishness. However in essence it is from wickedness and is repulsive - which also makes it a mistaken marriage


  1. This responsa is speaking of purely the homosexual act. Would having the homosexual disposition with no action be considered grounds for a mistaken marriage?

  2. It might not be considered a mistaken marriage but it sure would be considered grounds for divorce - since she would probably be aware that he is not physically interested in her.


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