A Jewish Divorce
Start writing a post
Politics and Activism

A Jewish Divorce

The Importance of a "Get"

186
A Jewish Divorce

A Jewish divorce is different from traditional divorce because it reflects considerable gender bias. According to the strict interpretation of Jewish law followed in Orthodox Judaism, a man (but not a woman) can divorce his spouse for any reason or no reason. Moreover, to end an Orthodox Jewish marriage, a religious divorce (known as a “get”) is required. However, only a husband may grant the wife a “get.

A "Get":

It is important to have a better understanding of a "get." According to UC Hastings College of the Law family law professor Kelly Weisberg, "a wife whose husband civilly divorces her without granting her a religious divorce will still be religiously bound in the marriage. She is called an agunah or a ‘bound or chained woman.’ Without a ‘get’, the woman is unable to remarry another religious Jew.”

Ketubah:

When a Jewish man and women get married, they both sign a Jewish document called a Ketubah. The Ketubah is a type of religious prenuptial agreement that addresses the obligations that the man and women must fulfill as a married couple. Among those obligations, the Ketubah obligates the husband to provide a “get” to the wife at the end of the marriage.

Women's Rights:

Only the husband can initiate a Jewish divorce, according to the Talmud. Jewish tradition doesn't give a woman the right to obtain a "get" herself. She must ask or beg for it in some cases from her husband. Why would a husband deny a wife a “get”? A husband might refuse to give a “get” in order to get a better deal in the property division or child custody arrangements, to extract a financial payment, or simply to spite his wife. It is questionable why modern Jewish practices still apply this concept the same way today.

Comparing orthodox and conservative Judaism in the necessity of a "get:"

Orthodox Judaism is more religious than conservative Judaism, which means that some of their customs are a bit stricter. According to Rabbi Michael Earne:

"Conservative Judaism does follow othodoxy with regards to the majority of get law. It is actually very important that we do so to avoid one person being divorced in one community while not being recognized in another. I would add that both believe in a number of legal loop holes that help put pressure on a recalcitrant husband."

A recalcitrant husband:

To give you a bit more background on what Rabbi Earne was talking about, a recalcitrant husband is a man who refuses to abide to the Jewish court and is held in contempt of court. A seruv document shows that a husband or wife disobeyed the rulings of a Jewish court and won't receive or provide a "get" to the other party.



If the Jewish couple doesn't acquire a "get":


If the husband refuses to give the wife a “get,” the woman suffers significant adverse consequences. She is still considered married according to Biblical law. It doesn't matter if the couple has been divorced for two years or ten years; all that matters is that the husband must give his wife a "get" or they are still technically married in Jewish law.


Future children:

What are the negative consequences for the woman? If the woman does remarry, she is considered an adulteress. If she remarries without a “get” and then has children, the children of her second marriage are technically considered illegitimate, according to Jewish law, and are shunned by the Orthodox Jewish community. The harm passes to future generations: The children’s illegitimate status is carried on for 10 generations. As a result, those children will be unable to marry other Orthodox Jews -- thereby depriving them of the right to marry whom they want. However, Jewish men who remarry without giving a “get” don’t suffer the same consequences. Because traditional Jewish law permitted polygamy, these men are not considered adulterers and their children are not stigmatized in the same way.


Future children from a conservative background:

Rabbi Earne also mentions that:

"The main difference for Conservative and orthodox jews is that after a teshuva/rabbinic responsa Rabbi Elliot Dorf [claims that] Conservative Jews no longer accept the concept of Mamzer, or a child born out of an adulterous relationship. This leaves consequences of a non get relationship to this generation with little jewish legal consequences on children."

A Jewish divorce is just as complicated as a civil divorce. But it must be considered as it can lead to other issues. So if you are a married Orthodox Jewish woman, and you want to get a divorce, it is important to acquire a "get" to remove all future problems.

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Student Life

Waitlisted for a College Class? Here's What to Do!

Dealing with the inevitable realities of college life.

62606
college students waiting in a long line in the hallway
StableDiffusion

Course registration at college can be a big hassle and is almost never talked about. Classes you want to take fill up before you get a chance to register. You might change your mind about a class you want to take and must struggle to find another class to fit in the same time period. You also have to make sure no classes clash by time. Like I said, it's a big hassle.

This semester, I was waitlisted for two classes. Most people in this situation, especially first years, freak out because they don't know what to do. Here is what you should do when this happens.

Keep Reading...Show less
a man and a woman sitting on the beach in front of the sunset

Whether you met your new love interest online, through mutual friends, or another way entirely, you'll definitely want to know what you're getting into. I mean, really, what's the point in entering a relationship with someone if you don't know whether or not you're compatible on a very basic level?

Consider these 21 questions to ask in the talking stage when getting to know that new guy or girl you just started talking to:

Keep Reading...Show less
Lifestyle

Challah vs. Easter Bread: A Delicious Dilemma

Is there really such a difference in Challah bread or Easter Bread?

40993
loaves of challah and easter bread stacked up aside each other, an abundance of food in baskets
StableDiffusion

Ever since I could remember, it was a treat to receive Easter Bread made by my grandmother. We would only have it once a year and the wait was excruciating. Now that my grandmother has gotten older, she has stopped baking a lot of her recipes that require a lot of hand usage--her traditional Italian baking means no machines. So for the past few years, I have missed enjoying my Easter Bread.

Keep Reading...Show less
Adulting

Unlocking Lake People's Secrets: 15 Must-Knows!

There's no other place you'd rather be in the summer.

961626
Group of joyful friends sitting in a boat
Haley Harvey

The people that spend their summers at the lake are a unique group of people.

Whether you grew up going to the lake, have only recently started going, or have only been once or twice, you know it takes a certain kind of person to be a lake person. To the long-time lake people, the lake holds a special place in your heart, no matter how dirty the water may look.

Keep Reading...Show less
Student Life

Top 10 Reasons My School Rocks!

Why I Chose a Small School Over a Big University.

209555
man in black long sleeve shirt and black pants walking on white concrete pathway

I was asked so many times why I wanted to go to a small school when a big university is so much better. Don't get me wrong, I'm sure a big university is great but I absolutely love going to a small school. I know that I miss out on big sporting events and having people actually know where it is. I can't even count how many times I've been asked where it is and I know they won't know so I just say "somewhere in the middle of Wisconsin." But, I get to know most people at my school and I know my professors very well. Not to mention, being able to walk to the other side of campus in 5 minutes at a casual walking pace. I am so happy I made the decision to go to school where I did. I love my school and these are just a few reasons why.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments