1,568. When a Couple Disagrees About Refusal in Court

Hilchos Ishus 14:16

Let’s say that a husband and wife go to court. One of them claims that the other refuses to engage in marital relations with them, while the other says that they do engage in such relations. The first step is to issue a ban against one who denies their spouse marital relations and then denies it in court. If the spouse who is the defendant in this matter continues to deny, then the couple is asked to enter into seclusion before witnesses. If they do this and each one continues to make the same claims, the judge makes a compromise ruling. We can’t prove anything definitively because it is prohibited to engage in marital relations in the presence of others.

Hilchos Ishus 14:17

If a woman becomes ill, her husband must provide medical treatment for her until she recovers. If he sees that it will be an extended illness, which will cost him a lot of money, he may pay her the value of her kesubah with the option that she can use it to pay for her own treatment or accept it as a divorce payment. While he legally has this option, it is not considered ethical for a person to act this way.