כִּֽי־יִקַּ֥ח אִ֛ישׁ אִשָּׁ֖ה וּבְעָלָ֑הּ וְהָיָ֞ה אִם־לֹ֧א תִמְצָא־חֵ֣ן בְּעֵינָ֗יו כִּי־מָ֤צָא בָהּ֙ עֶרְוַ֣ת דָּבָ֔ר וְכָ֨תַב לָ֜הּ סֵ֤פֶר כְּרִיתֻת֙ וְנָתַ֣ן בְּיָדָ֔הּ וְשִׁלְּחָ֖הּ מִבֵּיתֽוֹ׃
Quando um homem tomar uma mulher e se casar com ela, e acontecer que ela não encontre favor aos seus olhos, pois ele encontrou nela algo indecente, e ele escrever para ela um certificado de divórcio, colocá-lo em sua mão e enviá-la para fora de sua 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.
Guide for the Perplexed
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).