jewish divorce laws

Although changes have been made to Jewish divorce laws, women are continually being mistreated when dealing with the issues of divorce. In biblical times, there were no assurances that women would be protected when faced with a man who wanted a divorce. Furthermore, women were not allowed to initiate the process by asking for one. As time went on, it was recognized that women needed to be somewhat shielded from actions that her husband could take, which she had no control over. Rabbinic law made four major changes to help the plight of women regarding divorce (Biale p.5).

First, the Halackah requires a Get (bill of divorcement), which limits the possibility of a rash, thoughtless divorce (Biale p.6). Second, the Talmud introduces a number of grounds where a woman can seek a divorce. She must appeal to a Beit Din to compel him to divorce her (B. p.6). Furthermore, post-biblical Halackah introduces the Ketubah, which gives financial assurances to women in case of a divorce (B. p.6). Finally, in the Middle ages, the ban of Rabbenu Gershom forbids divorcing a woman against her consent (B. p.6).

Although these assurances are made, it does not hinder the man’s ability to abuse his power when initiating a divorce. The Mishn

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Unfortunately, many Orthodox authorities deny these procedures due to technical Halakhic laws. Still the archaic Halackic laws are intact, impeding the freedom of thousands of women. Unfortunately, there are always dev!

out Halackic authorities who reject change of any kind to these laws. An addition that was proposed in 1954 had the couple mutually agree to submit to the authority of a Beit Din to determine the terms for the dissolution of the marriage when it deems this appropriate according to Halakhah (B. Firstly, although it may be solved civilly, Halakhic laws will always prevail. There have been civil laws passed in North America to try to help these women. There is no safeguard against this because it is up to the man’s judgment. Furthermore, if there are no preemptive measures made before the marriage, it is almost impossible Halackically to better the plight of the Agunah. It is then up to the courts and the community to try to convince him to give his wife a divorce. The Conservative movement has attempted to deal with this probl!

em through the Ketubah (B. ah cites three opinions regarding legitimate grounds for divorce (B. When and if this will happen is unknown, until that time, women !

will be forced to endure the spiteful actions of men who wish to exploit them.

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