הרב פנחס רז משיב כהלכה
Country: ישראל

on: A wife issued a “restraining order” against her husband for a period of two months, and because of this the husband was not in the house at that time only the wife lived there alone, now when the husband returns, the wife demands that he should pay the rent of that period, the husband claims that because of her, he did not live in the house during this period and he does not have to pay her, with whom is the law?

: It is necessary to find out whether what she issued a restraining order for was true according to Halacha, or whether she did so to bother him. If it turns out that she really suffered for him, she has no loss in the fact that the husband was removed from the house, and she must be paid alimony for this period as well, including the rent. However, if it turns out that the expulsion was not lawful and whether she did so to bother him then she has no alimony and rent for the period of his absence from the house. Sources

Question:

A wife issued a “restraining order” against her husband for a period of two months, and because of this the husband was not in the house at that time only the wife lived there alone, now when the husband returns, the wife demands that he should pay the rent of that period, the husband claims that because of her, he did not live in the house during this period and he does not have to pay her, with whom is the law?

Answer:

It is necessary to find out whether what she issued a restraining order for was true according to Halacha, or whether she did so to bother him. If it turns out that she really suffered for him, she has no loss in the fact that the husband was removed from the house, and she must be paid alimony for this period as well, including the rentHowever, if it turns out that the expulsion was not lawful and whether she did so to bother him then she has no alimony and rent for the period of his absence from the house.

Sources

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