Category Archives: Divorce

The Persistence of Progressive Halakhic Ideas

      

Every now and then, we read of a “new” proposal by an Orthodox rabbi or organization aimed at solving some well-known problem of halakhah. The proposal will draw favorable reviews for its innovation and creativity, even as its author or authors insist that their idea is “strictly kosher,” that it fits well within the structure and the strictures  of Orthodox halakhah. Yet when we read the proposal closely we can’t help but think: haven’t we heard this before? Wasn’t this same idea put forth some years ago by a non-Orthodox rabbi or organization? And didn’t the Orthodox rabbinate reject it at the time precisely because of its origin among the “heretics?”

This is one of those times. Continue reading The Persistence of Progressive Halakhic Ideas

The Halakhic Prenup? A Great Idea! Mostly.

prenup

Good news on the agunah front: the halakhic prenup is gathering steam. It’s the latest[1] solution designed to provide relief for the wife whose husband refuses to issue her a get (a Jewish divorce) even when the civil divorce has been completed, thus leaving her “chained” (the literal sense of the word agunah) to him under Jewish law. The prenup enjoys a considerable public presence: it has its own website, several Facebook pages, organizational backing, and the support of a number of Orthodox rabbinical luminaries. Continue reading The Halakhic Prenup? A Great Idea! Mostly.

Domestic Abuse, Divorce, and Progressive Halakhah

In our last post, we urged Israel’s Chief Rabbinate to put some halakhic muscle behind its moral condemnation of domestic abuse. If the Chief Rabbi is incensed at the thought of Jewish husbands battering their wives, he should do everything he can to advocate that those husbands be required – and coerced by all acceptable legal means – to issue divorces.  Under the current consensus Orthodox halakhic opinion, when a wife sues for divorce on the grounds that her husband is abusive, the Israeli rabbinical courts, which adjudicate divorce law for Jewish citizens, are not empowered to coerce him to issue a get (divorce document). She therefore remains legally bound to him, unable to remarry and rebuild her shattered life until he agrees on his own accord to divorce her.

But does that consensus reflect what Jewish law actually says? Continue reading Domestic Abuse, Divorce, and Progressive Halakhah

Two Cheers for the Chief Rabbi

We tend on this blog to be rather critical of the established ( =  Orthodox) rabbinate in Israel. so it’s only proper to congratulate that august institution when it does something right. We’re referring to remarks delivered by Chief Rabbi David Lau at a conference sponsored by Tahel, a crisis center that assists Orthodox women and children who fall victim to domestic violence. In expressing his support of the organization and its work, Rabbi Lau sought to dispel any notion that Jewish law permits a husband to resort to violence in order to “discipline” his wife: Continue reading Two Cheers for the Chief Rabbi