The tragic problem of the agunah— a woman “chained” to an impossible marital situation—is rooted in the biblical command that it is the husband who “writes (for his wife) a statement of divorce and gives it into her hand” (Deut. 24:1). And despite the fact that eminent and even “strict constructionist” halakhic authorities such as
The Tragedy of Agunah—A Proposed Solution Read More »
To understand the need for beit din reform, one has to understand the beit din system as it applies to family law. I have acquired my knowledge of the American system by working as an agunah activist and advocate for 25 years. I was a founder and director of Agunah Inc. for 20 years. For
Judging the Judges: A Call for Beit Din Reform in America Read More »
The following is abridged from the concluding section of Michael Broyde’s review essay of The Tears of The Oppressed by Aviad Hacohen which was published in the Edah Journal Kislev 5765. We thank Michael Broyde and Edah for permission to present this in our Agunah issue. The reader is referred to the full review which
Can There be Solutions to the Agunah Problem? Read More »
When asked by JOFA to write about what it is like to work in the Israeli rabbinical courts, I conjured up an image in my mind of a rabbinical court pleader lying on Freud’s couch and free associating… anarchy, anger, chaos, Kafka, frustration, fear, humiliation, husbands, screaming, seething, extortion, procrastination. At the risk of understatement,
A View from the Trenches Read More »
Therefore, be it resolved that every member of the Rabbinical Council of America will utilize pre-nuptial agreements, which will aid in our community’s efforts to guarantee that the get will not be used as a negotiating tool in divorce procedures.1 Much ink has been spilled in the past few decades regarding what is known as
The Pre-Nuptial Agreement for the Prevention of GET-Refusal Read More »
Why do “religious” men refuse to cooperate in a religious divorce? In the best of all possible worlds, we would all live happily ever after and there would be no divorce. In that world, in the rare instance that divorce became a necessity, both parties would willingly and amicably cooperate in the proceedings. But we
The halakhic system of ketubah and get was designed to protect the woman. Unfortunately, the laws of gittin have turned into a life sentence for many women in untenable marriages. We cannot hide our heads in the sand. Divorce today, even in the Orthodox Jewish community, is an growing reality, and we have a responsibility
Jewish Divorce Law: Protection or Life Sentence? Read More »
Revisiting the Agunah Problem There has been a great deal of discussion in recent years over the agunot / recalcitrant husbands ands wives issue. A number of solutions have been offered of late such as Rabbi Riskin’s hafka’at kiddushin, Rabbi Aviad Hacohen’s kiddushei ta’ut, the prenuptial agreement, etc. These have elicited vigorous opposition from a
Responses to the Agunah Issue: Read More »
I am a to’enet (female rabbinic advocate) in Israel. To’anot study for three intensive years to pass the six arduous exams required by the Beit Din in order to be licensed as a to’enet. After licensing, they may represent either a man or a woman in a divorce case in the rabbinical courts. During the
Kol Isha: A New Voice in the Courtroom Read More »
A few weeks ago, in a hall in Jerusalem, twelve excited women were called up to the stage to receive their diploma from the dean and founder of Nishmat, Rabbanit Chana Henkin, and from Rabbis Yaakov Varhaftig and Yehuda Henkin. The occasion was the graduation of the fourth class of Nishmat’s Keren Ariel Yoatzot Halacha
A Primary Address for Women Read More »
