Marriage, Divorce, and the Abandoned Wife in Jewish Law: A Conceptual Understanding of the Agunah Problems in AmericaOne of the most vexing problems to confront American Orthodox Jewry is where a wife is abandoned by her husband who refuses to give her a Jewish divorce. This work seeks to explain the agunah problem in the United States. It notes that the contemporary agunah problem in America is radically different than that of contemporary Israel and completely different than the talmudic agunah problem. The thesis of this book is that the agunah problem in contemporary America is part of a more general dispute in classical Jewish law as to when marriage should end. Thus, this book surveys how Jewish law seeks to respond to the consent of the other party or without a finding of fault. It concludes by noting that prenuptial agreements can successfully address the agunah problem in the United States since they provide a way for couples to create an image of marriage and divorce by which they can agree to live. Michael J. Broyde is an Associate Professor of Law at Emory University and the Academic Director of Law and Religion Program at Emory University. He is a member (dayan) in the Beth Din of America and was the director of that Beth Din while on sabbatical from Emory. In addition, he is the founding rabbi of the Young Israel synagogue in Atlanta. Professor Broyde is the author of The Pursuit of Justice in Jewish Law and co-author of Human Rights in Judaism.--Amazon.com. |
Contents
Chapter | 1 |
Chapter | 15 |
Chart 2 | 27 |
Chapter Four | 43 |
Chapter Five | 59 |
Views of Marriage Divorce and Igun in the Modern Era | 71 |
viii | 74 |
Chapter Seven | 79 |
Chapter Eight | 85 |
Appendix C | 103 |
Appendix D | 119 |
Appendix | 125 |
Notes | 137 |
Table of References | 187 |
| 193 | |
Common terms and phrases
accept according to Jewish adjudicate agunah problem America annulment Appendix bet din Beth Breitowitz Broyde Chapter Choshen Mishpat civil divorce coercion compel contract couple create defect discussion dispute divorce his wife divorce law end of marriage family law fault geonim give grounds for hidden ha-Ezer Haezer halachah hidden error husband and wife Iggrot Moshe igun Israel issue Jewish community Jewish court Jewish divorce Jewish law courts Jewish marriage Jewish tradition jurisdiction ketubah kiddushai ta'ut Klagsbrun kosher legal system marital marriage and divorce married Michael Broyde model of marriage Mordechai Willig moredet Moshe Feinstein mutual consent obligation payments penalty poskim predicated prenuptial agreement Rabbenu Gershom Rabbenu Tam rabbinical courts Rambam Religious Law require Responsa riage right to divorce rishonim rules secular law secular legal sexual Shulchan Aruch significant solution solve spouse talmudic Teshuva Tosafot unilateral no-fault divorce valid void wishes withholding woman writing York Get Law Yosef