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Divorce: reconciliation, dignity, and the limits of a bond

law of divorce

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Editorial introduction

Bahá’u’lláh asks a husband and wife between whom resentment has arisen to wait a whole year, so that the fragrance of affection may return; only if it does not may they part. The law of divorce is built around that hope, and around an equally honest admission from ‘Abdu’l-Bahá that when two people loathe each other’s company and live in continual torment, separation is better than a union that is worse than hell. Between the hope and the admission stand the safeguards that give a rupture its seriousness: time, the counsel of friends and the Assembly, maintenance for the wife through the year of waiting, witnesses at its beginning and end, the involvement of civil authority. One letter restricts the initiation of divorce to the husband; it must be read beside the authoritative clarification that both partners hold the same right, and that the prohibition of cruelty never obliges anyone to remain in an abusive marriage [2]. Jesus, asked about divorce, answered by returning to the meaning of the union itself [1]. The subject opens onto the laws of marriage and dowry and, more widely, the laws of the Kitáb-i-Aqdas.

Selected passages

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01

Notwithstanding this weighty consideration, when no harmony and accord is obtained between two souls and that they loathe and abhor each others associations and both sides feel continual torment and anguish, unquestionably separation from each other is better, because both are suffering and union is impossible. But they must take hold of this last means when all other resources of reconciliation are exhausted; perchance union may appear again and the two souls be reunited permanently and peacefully. When at last union becomes impossible of realization and positively unattainable, then divorce is permitted.

(‘Abdu’l-Bahá, to H.C.W -- AB03299)
02

Regarding divorce, a person can fully implement whatever accords with their view. The most important thing is not to leave the wife without support for one year, and this is like the waiting period. At most, previously the obligation for maintenance was a few months, and now it is one year. However if both parties are complete and circumstances arise that cause coolness between them, they should not hasten to complete separation but wait one year - perhaps those circumstances will pass and affection will be regained.

(‘Abdu’l-Bahá, 1919-Mar-10, to Ali Sahib, Siyyid Mazhar et al -- AB00494)
03

But if there be a case of difference between husband and wife, where it is entirely impossible to recreate their love, where it is not possible for them to live any longer with one another, then both should go to the House of Justice and together, in perfect agreement, lay their case before it. And after this they should still wait a year, living apart but not permanently divorced, and their friends should give them good advice meanwhile. If, after one year, there is no possibility of becoming reunited, and no one is able to influence them, then this is the natural divorce.

(‘Abdu’l-Bahá, Words spoken in early Sept. 1911 in Vevey -- ABU2260)
04

"When there exists incompatibility of temper and complete antipathy between the man and wife, then divorce is permitted. For if they live together under such stifling conditions it is worse than hell"

(‘Abdu’l-Bahá, Words spoken at Rue Lauriston 97 in Paris, 1913-Mar-28 -- ABU2489)

The available source contains an omission or incomplete wording; sentence boundaries need review.

05

Regarding the question of divorce, it is permitted when lack of harmony is established in any way and there exists severe aversion between husband and wife such that harmony becomes impossible. After that they separate and then wait for a complete year. If harmony is still not achieved during this period, they are permitted to separate permanently.

(‘Abdu’l-Bahá, 1903 ca., to Ethel J Rosenberg -- AB12196)
06

And regarding divorce, after the completion of the waiting period, divorce is effected, but witnesses are required at the beginning and end who can testify when needed.

(Bahá’u’lláh, 1305-02-16 [1887-Nov-3], to Mirza Abdullah Falah from Sad et al -- BH00464)
07

When the husband intends separation, he must announce it so that some souls become aware of this matter. Then he may seek separation for a period of one year. If during this time aversion is not transformed into harmony - that is, if affection is not regained - divorce takes place and this too must be announced, that the period has ended and therefore the wife is free. … However, if during this year affection and reunion are regained, it is like before and the past period has no effect, unless he again intends divorce.

(‘Abdu’l-Bahá, to Mulla Yusuf Ali Rashti -- AB12807)
08

Regarding what you wrote about your wife - that in your absence one of the companions pronounced divorce, meaning he implemented its ruling - this matter is very far from divine justice and contrary to the ruling of the Book.

(Bahá’u’lláh, 1298 ? [1880-1881], to Siyyid Husayn -- BH06832)
09

The waiting period for women after absolute divorce applies whether due to ordinary circumstances or painful events, but after proof of improper conduct by the wife, her consent has no effect.

(‘Abdu’l-Bahá, 1913-Oct-20, to Aqa Mirza Muhammad Natiq -- AB03541)
10

As for the prohibition of divorce after the ninth time, verily God causes all things to proceed according to their essential nature. The decree is true, and divorce occurs through turning away from the station of love. This is forgiven in the permissibility of eight, indicating the eight gates of Paradise. When the ninth house is reached, it becomes forbidden to him and he can never exit.

(The Báb, Bayan 'illati Tahrimi'l-Maharim, 1261 [1845]?, to Jalil ? -- BB00249)
11

Should resentment or antipathy arise between husband and wife, he is not to divorce her but to bide in patience throughout the course of one whole year, that perchance the fragrance of affection may be renewed between them. If, upon the completion of this period, their love hath not returned, it is permissible for divorce to take place. … He who hath divorced his wife may choose, upon the passing of each month, to remarry her when there is mutual affection and consent, so long as she hath not taken another husband.

(Bahá’u’lláh, Kitab-i-Aqdas (The Most Holy Book), 1290-05-15 [1873-Jul-11] -- BH00001)
12

As regards divorce, Baha'u'llah says that if a husband and wife cannot agree, there should be a preliminary separation of one year. If at the end of a year there is no reconciliation, then divorce is permissible. Because both sides would be in torment, separation is better. In the Bahai marriage the husband and wife must be in the utmost of happiness together.

(‘Abdu’l-Bahá, Words to Fugeta, Dr. Esslemont et al, spoken on 1920-Jan-02 -- ABU0697)
13

When the lights of the Kingdom shone forth and souls were quickened by the spirit of Baha'u'llah, they completely avoided divorce. Now in Iran, divorce does not occur among the friends except when there is a compelling reason and reconciliation becomes impossible. … They must utterly avoid divorce unless there arises a compelling reason that makes both parties loathe each other, and with the knowledge of the Spiritual Assembly they agree to separation, and they must wait one year. If during this year reconciliation is not achieved, divorce may take place. It should not be that upon the slightest vexation or cloudiness between husband and wife, the husband begins thinking of union with another woman, or God forbid, the wife begins thinking of another husband.

(‘Abdu’l-Bahá, 1920-Nov-12, to Baha'is of the United States -- AB02870)
14

Marriage and divorce must be carried out with the knowledge of the government or through those in authority, otherwise difficulties will arise. In any case, marriage and divorce must be administered under an effective center, so that should either party seek to undermine them, they would be powerless to do so, but rather be compelled to obey.

(‘Abdu’l-Bahá, 1912-Feb-12, to Aqa Nasrullah Shahmirzadi -- AB11152)
15

As for the question of equal rights between men and women in the matter of divorce that you had written about: Marriage and wedlock are contingent upon the consent of both parties, but separation and divorce are dependent upon the will of the husband alone. … However, after the wife's aversion, the husband's obstinacy is quite inappropriate and contrary to human nobility. Surely a divine person would not be content to remain bound in attachment to a wife in a state of aversion. As soon as he senses aversion, he would surely let her go and grant separation and divorce.

(‘Abdu’l-Bahá, 1903 ca., to Mulla Yusuf Ali Rashti -- AB00694)
16

According to the explicit text of the Gospel, divorce is forbidden; but with regard to the prohibition of a plurality of wives, there is in the Gospel no categorical and conclusive text. Monogamy, however, came to be practised after Christ.

(‘Abdu’l-Bahá, 1911-Jul-05, to Ethel J Rosenberg -- AB03180)

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For thought and discussion

Questions to carry forward

  1. What distinguishes a sincere opportunity for reconciliation from pressure to preserve the appearance of a marriage?
  2. How do material responsibility, witnesses, and consultation give practical form to the seriousness of separation?
  3. What can attention to dispensations, translation authority, and institutional guidance clarify when the supplied statements appear to differ?
  4. How does Matthew’s account illuminate a shared concern for marriage while also revealing differences from the provisions in this compilation?
  5. How might a community encourage enduring affection while respecting equal rights and refusing to excuse abuse?
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