A Conservative Response to the Orthodox Prenuptial Agreement

Featuring:
Rabbi Michael Chernick

Responses by:
Rabbi Elliot Dorff
Rabba Sara Hurwitz
Rabbi Daniel Siegel
Rabbi Mark Washofsky
Rabbi Deborah Waxman

By Rabbi Elliot Dorff, Chair
Rabbinical Assembly’s Committee
on Jewish Law and Standards

Rabbi Elliot Dorff

Rabbi Chernick has done a masterful job in describing the prenuptial agreement now in use in some segments of the Orthodox community, together with its strengths and weaknesses. To the extent that it has saved women from becoming agunot through the very threat of the husband being forced to pay a huge sum of money per day for refusing to give his wife a get, it is to be praised. In the United States, however, with a strong separation of religion and state, I wonder whether the civil courts will honor a prenuptial agreement of the parties to use the Orthodox court to settle their monetary disputes once they realize that what is involved is not only a monetary dispute but confirming a divorce in a religious act. New York courts in the 1970s varied widely as to how they[...] read more

My concerns with pre-nuptials and civil marriage in Israel as solutions

Featuring:
Rabbi Michael Chernick

Responses by:
Rabbi Elliot Dorff
Rabba Sara Hurwitz
Rabbi Daniel Siegel
Rabbi Mark Washofsky
Rabbi Deborah Waxman

By Rabbi Daniel Siegel
Founding Director, Integral Halachah Institute
ALEPH: Alliance for Jewish Renewal (Canada)

Rabbi Daniel Siegel

As a new member of RRFEI, I am honoured by the opportunity to contribute to this learned discussion.

At first, I endorsed and used pre-nuptial agreements, seeing in them exactly what Rabbi Chernick sees. Over time, however, I became unsatisfied with this and the other options he lists. My concerns with seeing both pre-nuptials and civil marriage in Israel as solutions to the problem of divorce inequality and the agunah include:

  • The objection from the Orthodox “right” that pre-nuptials turn to civil courts, is one which I share. When pre-nuptial options were first proposed, it seemed that we were admitting that we couldn’t solve this problem on our own and needed to invoke the support of secular courts.
  • I also agree with the asmakhta argument as well. When I encouraged people to sign a pre-nuptial, I often got pushback and outright refusal. In the end, there is no substitute for being able to work things out in the present, just as Rabbenu Gershon did when he changed the function of the ketubah as it had been used, something that poskim as early as Rabbenu Asher observed and which has been reaffirmed in our own time.
  • I once participated in the invocation of an annulment, really a Kiddushim Al T’nai. It felt uncomfortable to annul a marriage ex post facto and, while it is not a bad idea in theory, it seemed to invalidate the years of marriage and the status of the children as a woman seeking a get once wrote me.
  • Most fundamentally, Rabbi Chernick does not really deal with the objections from the “left” but rather suggests patience while others try to plug the remaining gaps. However, all three proposed solutions continue to rest on the same two assumptions. In reverse order, setting up a civil alternative to rabbinic marriage in Israel is still a tacit admission that, in the end, this problem cannot be fully resolved from within the halachic process. Second, where kiddushin and gittin are still relevant, the assumption that the woman must remain passive goes unquestioned. Thus, women are still dependent on courts with male dayanim
[...] read more

The equal opportunity to practise Judaism according every individual’s beliefs in Israel

Rabbi Mark Levin, Editor-in-Chief, Rabbis for Religious Freedom and Equality in Israel newsletter

The vision of Hiddush and the Rabbis for Religious Freedom and Equality in Israel opens with these words:

Imagine an Israel where Judaism blossoms in all its nuanced shades and colors; where religious and secular movements flourish side-by-side and those who explore beyond Judaism in search of meaning are able to forge new spiritual paths within Judaism.

We are the only organization in the Jewish world with the single mission of bringing pluralistic Judaism to the world’s only Jewish state. We take no sides in the competition between religious or secular Jewish movements. We believe that Israel is the State of all of the Jewish people who choose to live there, and we seek to enable Judaism to flourish by removing the interference or official state sponsorship of one stream or philosophy of Judaism over another. All Jews who believe Israel to be the homeland not only of Jews but of Judaism have a place among us.

A debate has flourished recently over ordination of women in the Orthodox world. Many of us possess strong opinions one way or another. Indeed, these ideas cross the streams. There are individuals within all of the movements who stake their claim on either side. Officially, according to the recent OU statement, the Orthodox movement opposes ordination of women as rabbis who issue piskei din, while the more liberal movements officially favor women’s ordination to be called by the title rabbi.

But the debate is considerably more nuanced within all of the streams. There are Haredim and Orthodox Jews who favor women’s ordination, and indeed there are women who function on a practical level as though they hold smicha. We used to say about Torah commentator Nehama Leibowitz, affectionately called just Nehama by all, that were she a man she’d have been Chief Ashkenazi Rabbi of Israel. Clearly the ferment in the Jewish world over this highly politicized issue roils, and feelings sometimes even set friends against one another.

Certainly we as individuals have our separate preferences and practices. But RRFEI has no dog in this fight. Our sole concern is that all of the Jewish people have the equal opportunity to practise Judaism according to their belief and conscience in the one place in the world dedicated to Jewish history and destiny. Judaism in Israel must be freed of state interference or intervention. The State of Israel must not favor one Jewish stream over another. To paraphrase Evelyn Beatrice Hall, ?I disapprove of what[...] read more

Manning up at the Kotel by Rabbi Daniel Landes

Originally posted on Times of Israel blogs:
http://blogs.timesofisrael.com/manning-up-at-the-kotel/

Rabbi Daniel Landes

The latest escalation in the attacks upon women praying as a group at the Kotel on the second day of Rosh Hodesh Adar is as remarkable as it is perverse. Senior rabbinic figures summoned hundreds of dati leumi (religious Zionist) teenage young women from their high schools to the Wall to protect its sanctity from women performing a religious act of quiet devotion.

I don’t think this has been done before in the religious Zionist world, to set women against women, by drowning out the voice of the prayer group with their own. In the laws of prayer, we have a principle that shtai kolot lo mishtamei – 2 voices can’t be heard so that a prayer leader must be of one voice. Applied here, we can be astonished at the implication that God will hear only the protesting, bused in girls’ voices. Are not their voices also drowned out by din and roar of their own opposition?

The perversity is of course deeper. This is the month in which we follow the story of Esther who emerged to save all Jews and began with calling upon all to fast and pray. Esther is classically celebrated as performing all her daring do with great tzniut (modesty). And I’m sure that is how these young women certainly have been raised and taught. Tzniut is always understood as going beyond the notions of what body parts are to be concealed. It is an all-encompassing stance, in which one does not put themselves first or shine a light upon their own performance. No Jewish ethical system can condone this mad Purim inversion of tzniut to mean infringing upon other women’s space to intimidate, shame, or frighten. And tzniut education has never meant to cause hatred. Senior rabbinic figures who ordered these girls to perform shamelessly do not allow the same girls to costume themselves as men for Purim fun. By what right do they order their students to don “manly” garb to attack women at prayer? Shame!

And the men leading the whistles and jeers at the women at prayer, way beyond the noise they create upon hearing the name “Haman” during the Megilah reading? Aren’t they commanded with the same tzniut? Of course, and every yeshiva curriculum teaches that quality intensively. I suppose they are more interested in the quality of their gevurah (heroism). But they really need to think about this. Jewish male heroism is expressed in several ways, especially: learning intensively, working and supporting[...] read more

NEW public opinion studies on marriage freedom in Israel

Exploring Israel’s Jewish and Arab sectors, as well as the Zionist Orthodox community

This week, new perspectives regarding Israelis’ views on marriage freedom and related issues were presented to the public.

After years of polling Jewish public opinion, Hiddush initiated a special study of both Israel’s Jewish sector and its Arab sector, and its findings were released on Valentine’s Day. On the same day, another study initiated by the Modern Orthodox NGO Ne’emanei Torah v’Avodah, which focused on the views of Israel’s Zionist Orthodox sector, was published. Since these issues are clearly high on the priority list of Israelis when it comes to matters of religion & state, and they directly impact world Jewry, we are making these reports available in the resource section of the RRFEI website. We’ll be glad to provide further insights and background to those who request more details.

  • Click HERE for Hiddush’s report on the 2017 Valentine’s Day marriage surveys of the Jewish and Arab sectors of Israel (Hebrew)
  • Click HERE for Ne’emanei Torah v’Avodah’s report on the views of Israel’s Zionist Orthodox community (Hebrew)

Hiddush’s dual study offers an eye opening perspective as to the differences between Jewish Israelis and Arab Israelis on these issues. The findings can be better understood given the great disparity between the percentage of Israeli Jews who define themselves as secular (~50%) and the percentage of Israeli Arabs who identify as secular (12%).

Also, of great interest is the fact that whereas in the Jewish sector, the principled embrace of the right to “marriage freedom” is carried into support for enacting civil marriage and divorce, while in the Arab sector, 76% embrace the principle, but only 43% support instituting a civil option for marriage and divorce. This may be attributed to the far lower awareness among Arab Israelis of the inadequacy of religious control over marriage. It may also indicate that if they were made fully aware of the extent to which the right to marry in Israel is infringed upon, they would lend their support to the necessary remedy. It’s encouraging that among younger Arab Israelis, one finds a great level of support for a civil choice (60%), even though the majority of them would prefer religious marriage for themselves. Further, the high levels of opposition within the Jewish and Arab sectors to polygamy; and the high percentage of support for a bride’s right to choose her partner are of great interest.

On a related issue, public attention was drawn in the last few days to the shocking case of a battered[...] read more

Rabbi Uri Regev responds to “How to Finally Get Egalitarian Prayer at the Western Wall” (Tablet Magazine – Nov. 22., 2016)

Liel Leibovitz’s “How to Finally Get Egalitarian Prayer at the Western Wall” can be found HERE.

Rabbi Uri Regev’s response follows below:

Rabbi Uri Regev, Hiddush President and CEO; Executive Committee, Rabbis for Religious Freedom and Equality in Israel

Rabbi Uri Regev, Hiddush President and CEO; Executive Committee, Rabbis for Religious Freedom and Equality in Israel

As  Liel Leibowitz (LL) suggests, the non-Orthodox movements should broaden their appeal and avoid unnecessary conflicts. Nevertheless, I have strong reservations as to the specifics of LL’s perspective on what is “unnecessary conflict” and *who* the appeal should be broadened to include. I fear that LL, in as much as his credentials are impressive, may not be as authoritative on the relevant questions involving the Kotel controversy and the politics of religion & state in Israel, as he assumes in prescribing to the non-Orthodox movements how they should conduct their affairs.

LL suggests that the impasse over the Western Wall Agreement (WWA) was generated by the Nov. 2 demonstration by liberal North American rabbis, but this had very little to do with it. The impasse was ironically precipitated in party by the victorious Torah service at the Wall celebrated on February 25 during the CCAR (American Reform Judaism’s rabbinic umbrella) convention in Israel, which, by chance or Divine providence, took place shortly after the WWA was announced. Israel’s ultra-Orthodox leadership dug its feet into the ground at that point, and demanded that PM Netanyahu not implement the agreement. This was not a regular case of slow-paced Israeli decision making. Rather, the WWA was an exceptional case of an agreement slow in the making (more than 3 years of intensive deliberations), which received tacit endorsement from the political leadership of the Haredi parties, as well as the Rabbi of the Western Wall. It was achieved because it was viewed by the Haredi operatives as the lesser of all evils. What neither they nor the PM took into consideration was the extent to which this agreement would play into the hands of disgruntled Haredi rabbinic leaders in both the Sephardi and Ashkenazi communities who were looking for an opportunity to challenge the movements’ leadership, as well as the sensationalist urges of some key Haredi media outlets that refused to hold their peace in the face of an agreement.

While LL probably does have experience with “buearucratic Israel,” as he claims, this conflict has nothing to do with that, but rather with a theological conflict, which can only be won by “hard-sell tactics,” which LL objects to.

The more than 3 years of[...] read more

Israeli Reform synagogue vandalized, death threats conveyed with a knife

The Reform synagogue in Ra’anana was vandalized last night [LINK] in conjunction with the Western Wall controversy. Death threats were conveyed by placing a knife branded with a reference to Maimonides’ Laws of Killing, Chapter 4:10 – “If there is the possibility, one should kill them with a sword in public view. If that is not possible, one should develop a plan so that one can cause their deaths.” Next to the knife were notes bearing the names of the leaders of Reform Judaism in Israel and the USA. Graffiti was sprayed on the walls, referring to the sanctity of the Kotel, and reference to Obadiah 1:18,1:21, which speaks about burning down the “House of Esau” and re-establishing the Kingdom of God.

After the shock and nausea wear off, one might say that good may yet come from this act of violence: 1. This will strengthen the public’s and the police’s understanding that they must exercise a firm hand against these thugs who act in God’s name. 2. Verses quoted out of context are a danger to our society and country, whether they are used by violent goons or rabbis. 3. This is living proof of the shared fate of Diaspora and Israeli Jewry (Rabbi Rick Jacobs, Anat Hoffman, & Rabbi Gilad Kariv were all singled out in the death threats). Together, we ought to change this reality, and bring Israel to actualize its founding vision, which guarantees freedom of religion and equality for all.

RRFEI Analysis: A new twist in the unfolding Kotel saga

Leading archaeologists insistently weigh in against the Government’s Western Wall agreement

This week witnessed a new twist in the unfolding Kotel saga.

At the initiative of leading Israeli archaeologists that approached a ready and willing Knesset committee chair, a public hearing was held regarding the Kotel agreement from an archaeological perspective [LINK]. Early on, we assessed that the archaeological angle could indeed develop as a significant challenge to the implementation of the Kotel compromise [LINK].

While there is no consensus among archaeologists as to the extent of the potential damage that implementation would cause to this singularly precious historic site, among the opponents one may find some of Israel’s leading archaeologists. They come to the issue without religious malice, but at the same time express a strong rejection of the compromise, based on objective scientific and historical concerns. When such opponents turned to a typical ultra-Orthodox opponent to the compromise who does indeed bear religious malice towards both the Women of the Wall and the Reform and Conservative movements (and happens to chair the Knesset Education Committee [LINK], whose turf includes archaeological matters) there is little wonder that their plea is met with a full court welcome; and the deliberations of the committee result with a public appeal to the Reform and Conservative movements and the Women of the Wall.

Two additional interesting elements of the meeting are worth mentioning.

  1. Anat Hoffman, leader of Women of the Wall, participated in the deliberation, and she responded to the archaeologists? plea, saying: “we never wanted this, and we said so.”
  2. While the opposing archaeologists put forth a weighty challenge to the agreement, another senior archaeologist
[...] read more

The ‘Muezzin Bill’ – a masquerade by Rabbi Uri Regev

Originally posted in the Jerusalem Post [LINK]

Uri-Regev-profile-photo-e1425932791183

    It’s the Litzmans and Deris of the religious Jewish leadership that have never hesitated to deny these very freedoms to fellow Jews and non-Jews whenever they have had the political ability to do so.

While much international and political discourse focused in the past few days on the “Outposts Bill,” another highly controversial bill was also moving forward in the Knesset, having obtained the approval of the Ministerial Legislative Committee, and may come up for a preliminary vote Wednesday. It too has attracted political, legal and international attention, but has also generated heated religious argument. I’m referring to the Muezzin Bill (a more appropriate name than its formal title: the “Bill Forbidding the use of Public Address Systems in Houses of Worship”).

This bill, which aims at banning the use by mosques of public address systems for the daily call to prayer, is a masquerade, which all participants are party to. Nobody really thinks that those who proposed this bill aren’t actually motivated by nationalistic and religious considerations (the bill’s explanatory note states its intention to forbid “the use of PA systems to call worshipers, to convey religious or nationalistic messages, and sometimes even words of incitement”). Likewise, some of the bill’s opponents disregard the real disturbance muezzins cause for non-Muslims and present the issue as an exclusively racist and anti-Muslim initiative and therefore not requiring reassessment.

A closer look at the matter reveals that restrictions on use of PA systems by mosques exist in many countries, including Arab states, and therefore it is clear that this bill is not simply the invention of fevered minds seeking to harm Islam and its followers in Israel. On the other hand, there seems to be no real and definitely no urgent need for new legislation relating to noise pollution, because current law prohibits unusual and unreasonable noise levels. Therefore one would assume that those concerned with noise pollution would first attempt to deal with the nuisance, such as it is, using the legal tools available to them rather than promoting a new law. Failure to do so rightly leads many to suspect ulterior motives.

On a personal note, I returned a few days ago from New York, and the apartment I stayed in there overlooks the largest mosque in the city. Many Muslim worshipers attend it, but the local residents do not hear loud calls from the top of its minaret. Clearly the local Muslim community understands and accepts the required norms of coexistence, as well as the concepts of mutual consideration and tolerance. At the same time,[...] read more

‘Love revolution on Tu Be’av: 74% of Israeli public want egalitarian marriage’ by Ariane Mandell

Originally posted on the Jerusalem Post HERE

ariane-mandellA new study released Thursday morning reveals that 74 percent of Israel’s Jewish public is interested in having an egalitarian wedding ceremony, with an exchange of rings that carries mutual and equal obligations between spouses. Just 26% are in opposition.

The survey, conducted by the Smith institute for the NGO Hiddush: For Religious Freedom and Equality, interviewed a sample of 700 people by telephone. The report specifies that the survey questions were regarding personal preferences and not theoretical support regarding egalitarian marriage.

Ninety-two percent of secular respondents and 81% of traditional expressed interest in an egalitarian ceremony. Though 69% of religious respondents were against such a ceremony, that means 31% were in favor. More surprising is the fact that 51% of Bayit Yehudi voters, a far-right nationalist party, would like an egalitarian ceremony, likely due to the party’s high percentage of non-religious voters. Overall, 100% of the left responded that they would like an egalitarian ceremony, 95% of the center, and 58% of voters on the right.

In response to the findings, Hiddush’s Rabbi Uri Regev said, “The survey shows how the Jewish community, including a growing percentage of religious people, are moving away from the Rabbinate’s rigid institution. The public is clearly saying that we no longer want ceremonies that are irrelevant and anti-egalitarian. Many want a Jewish ceremony, but one that matches their values and their way of life; namely an updated, egalitarian ceremony. The Chief Rabbinate and the religious politicians who back it are the number one enemies of Judaism, and they breed hatred against the Jewish public.”

Regev decried the way that traditional Jewish ceremonies confine men to active roles and women to passive (mostly silent) ones. In traditional ceremonies, he said, a man is a temple to the woman, he buys her and takes her as his property. Regev noted that it is on Tu Be’av, the Jewish equivalent of Valentine’s day, that Hiddush chose to examine the demand for ceremony options sans discrimination.

According to Regev, ?The obvious solution is to demand that our civic bodies pass civil marriage and divorce laws. Unfortunately, right now we have a government which sets new records in submitting to Ultra-Orthodox blackmail, and the opposition is making great efforts to win the favor of religious parties. We must[...] read more