<span class="x" onmousemove="Show('perush','Este es el <b>213er Precepto Positivo</b> enumerado por el Rambam en el Prefacio a Mishné Torá, su “Compendio de la Ley Hebrea” para todo el Pueblo de Israel.',event);" onmouseout="Close();">Cuando alguno tomare mujer</span> y se casare con ella, si no le agradare por haber hallado en ella alguna cosa torpe, <span class="x" onmousemove="Show('perush','Este es el <b>222do Precepto Positivo</b> enumerado por el Rambam en el Prefacio a Mishné Torá, su “Compendio de la Ley Hebrea” para todo el Pueblo de Israel.',event);" onmouseout="Close();">le escribirá carta de repudio</span>, y se la entregará en su mano, y despedirála de su casa.
Dirshuni I
In the beit midrash of Bruriah they were divided on whether this was consensual. There are those who said it was nonconsensual, since the verse says "And he took her" (ibid.) - it teaches that Shchem abducted her. And it further says "And he bedded her" - "her", and not "with her" [lit. "and lay to her", not "lay with her"], to teach that he forced himself on her. And it further says, "And he afflicted her" - literally. And there are those who say it was consensual, as it says "And he took her" - taking is the language of marriage, like it is said "When a man takes a woman" (Devarim 24:1). And it further says "And he bedded her" - literally. And it further says "And he afflicted her" [וַיִּעַנֶּהָ] - to teach that he came to her at her time. If so, that he answered [שענה] her - that she would ask and ask her brothers and they would push her and mock her, until Shchem came and answered her.
It may happen that husband and wife do not agree, live without love and peace, and do not enjoy the benefit of a home; in that case he is permitted to send her away. If he had been allowed to divorce her by a mere word, or by turning her out of his house, the wife would wait for some negligence [on the part of the husband], and then come out and say that she was divorced; or having committed adultery, she and the adulterer would contend that she had then been divorced. Therefore the law is that divorce can only take place by means of a document which can serve as evidence, “He shall write her a bill of divorcement” (Deut. 24:1).