Agunah

Abstract: The problem of Jewish agunot (sing agunah) – the chained wives, whose husbands refuse to divorce and thus cannot remarry – has occupied a wide range of scholars from antiquity to modern days: from talmudic sages to modern day scholars; from rabbis to academics; from politicians to lay people All are concerned with, and seek to find a solution to, one of the major challenges to Jewish Law and Jewish society in both the past and the present This book, devoted to discussing the modern agunah problem and its Talmud based solutions, is one link in this chain

Abstract: Traditional Jewish family law has persevered for hundreds of years and rules covering marriage, the raising of children, and divorce are well established; yet pressures from modern society are causing long held views to be re-examined. The Jewish Family: Between Family Law and Contract Law examines the tenets of Jewish family law in the light of new attitudes concerning the role of women, assisted reproduction technologies, and prenuptial agreements. Through interdisciplinary research combining the legal aspects of family law and contract law, it explores how the Jewish family can cope with both old and modern obstacles and challenges. Focusing on the nexus of Jewish family law and contract law to propose how 'freedom of contract' can be part of how family law can be interpreted, The Jewish Family will appeal to practitioners, activists, academic researchers, and laymen readers who are interested in the fields of law, theology, and social science.

Abstract: Jewish law, like other religious laws, commands universal application to all Jews. Had all states chosen religious law to apply to marriage and divorce, limping marriages and divorces would have been restricted to persons who are regarded as belonging to several religions (decided from the point of view of that religion), or to none. This would have also been the case had all persons, regardless of the civil law applicable to such matters, adhered to religious laws. However, as long as some states, e.g., Israel, apply religious law to personal status, whereas others apply civil law, limping personal status poses a very real problem.1 Such conflicts befall also Jews who regard themselves bound not only by the civil laws of their state of habitual residence, but also, by autonomous choice, by Jewish law precepts.The modern, relatively free movement of persons in the international arena has created an urgent need for harmonization of personal status under civil and religious laws. A Jewish couple, married and domiciled in Israel, may move to a country which recognizes only civil divorces. Following an irretrievable marriage breakdown, one spouse sues for divorce and has the marriage dissolved by the civil court. Civil divorce is not recognized by Jewish law. Should the wife return to Israel she would remain agunah, i.e., anchored or chained to her husband until a Jewish divorce is effected. Any children that she may have as a result of her relations with another Jewish man would be considered mamzerim, bastards according to Jewish law, unable to marry a Jew, unless the intended spouse is a mamzer too, or a proselyte.The paper first explains the Jewish law rules regarding divorce and their application in Israel. An analysis will follow of the response of Jewish law to the problems of limping personal status. Although it is in the first place the responsibility of the rabbinical authorities to help the members of their religious community, it is arguable that Western Civilization, by separating State from Religion, has deprived religious authorities of the power they had previously to deal with such situations. Indeed, the civil courts of many states found ways to mitigate the suffering of chained spouses, mostly wives but occasionally some husbands. Some states have even responded with helpful legislation.