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Winter 2002 – Tevet-Shevat 5762 Volume III, Issue I

Towards Standardizing Beit Din Procedures

By  Rabbi Yonah Reiss
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 The commentator Maharsha writes at the end of his commentary to tractate Yevamot that the existence of agunot in the world causes the delay of our ultimate redemption. When we are asked whether we have done our job in bringing about the redemption (Shabbat 31a), we will have to account for opportunities that we had to help relieve the terrible plight of women who languish without a get following a marriage that has ended. 

Both the beit din and the community play an essential role in dealing with agunah situations. The recent resolutions adopted by the Rabbinical Council of America establish certain default principles as to the appropriate time boundaries for a get to be given, or for a spouse to otherwise submit to a final determination of the beit din. These resolutions constitute an important step towards ensuring that a beit din is able to work with communities in resolving potential agunah situations. The resolutions place all members of the community on notice with respect to these ethical norms and enable community leaders more easily to implement declarations and decisions of the beit din. Additionally, the resolutions provide a mechanism for rabbis to coordinate with the beit din to ensure that any actions taken, such as demonstrations of public contempt or the withholding of communal benefits from a recalcitrant spouse, will lead to the granting of a valid get. The resolutions send an important message that our community will not support those individuals who withhold a get out of spite or employ it as a weapon.

The significance of the resolutions is apparent. Our community will not tolerate the existence of agunot. We must continue to commit ourselves to take every measure possible to eradicate every agunah situation from our midst. In the merit of such actions, may we be blessed with true redemption for all of our people. 

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About the Author

 Rabbi Yonah Reiss

Rabbi Yonah Reiss, Esq. is the Director of the Beth Din of America, which is affiliated with the Rabbinical Council of America. This article has been excerpted from the recent RCA convention program binder with the permission of the RCA. 

❮ Previous Kiddushei Ta’ut: A Discussion of Some Grounds for Invalidating Marriages
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