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. |
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Contents
Chapter | 1 |
Chapter | 15 |
Chart 2 | 27 |
Chapter Five | 59 |
Views of Marriage Divorce and Igun in the Modern Era | 71 |
Chapter Seven | 79 |
Chapter Eight | 85 |
Appendix C | 103 |
Appendix D | 119 |
Appendix | 125 |
Notes | 137 |
52 | 141 |
54 | 174 |
Table of References | 187 |
| 193 | |
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Marriage, Divorce and the Abandoned Wife in Jewish Law: A Conceptual ... Michael J. Broyde No preview available - 2001 |
Common terms and phrases
accept according according to Jewish actually agree agunah problem allow America annulment appear Appendix approach authority bet din Beth Chapter circumstances civil divorce claim coercion compel concept consent Consider couple court create decision defect desires determine discussion encourage entitled error example fact fault give given grounds ha-Ezer halachah halachic husband impose Israel issue Jewish divorce Jewish law jurisdiction living marital marriage and divorce married matter merely never normative obligation parties payments penalty permitted person poskim possible prenuptial agreement present proper proposal Rabbenu Rabbi rabbinical courts reasonable receive recognizes refuses relationship religious remain require resolve rules secular law seek Shulchan Aruch significant situation society solution solve spouse ta’ut talmudic technical Tosafot tradition understanding unilateral valid void wife wishes withholding woman writing York
Bibliographic information
| Title | Marriage, Divorce, and the Abandoned Wife in Jewish Law: A Conceptual Understanding of the Agunah Problems in America |
| Author | Michael J. Broyde |
| Publisher | KTAV Publishing House, Inc., 2001 |
| ISBN | 0881256781, 9780881256789 |
| Length | 197 pages |
| Subjects | › › Religion / Judaism / Rituals & Practice |
| Export Citation | BiBTeX EndNote RefMan |