1,575. Divorcing After Ten Years

Hilchos Ishus 15:6

If a convert had children before he became Jewish and they also converted, he is considered to have fulfilled the mitzvah to procreate. Conversely, if a freed servant had children before he was freed, he is not considered to have fulfilled this mitzvah even if his children were also freed. Rather, he must have additional children after becoming free. The reason for this is because an indentured servant is not considered to have a lineage.

Hilchos Ishus 15:7

A man should not marry a women who is unable to bear children, or one who is too old or too young to do so, unless he has already fulfilled his obligation to procreate or has another wife with whom he can have children. If a man marries a woman and after ten years they have not had children, he must divorce her and pay her the value of her kesubah or marry a woman who is able to have children. If he doesn’t want to divorce her, he is compelled to do so, even through physical force. This is true even if they agree not to engage in marital relations and offer to have witnesses ensure that they are never secluded together. [It is no longer our practice to divorce for such a reason; see Rema on EH 1:3.]