Criticism of the Israeli Chief Rabbinate is nothing new. It has often been voiced in the RRFEI newsletter and resources, as well as in Hiddush’s materials. It covers a myriad of issues, which in recent years include its delegitimization of Modern Orthodox attempts at addressing the Rabbinate’s failures in the areas of conversion and kashrut certification.
Developments in the last few days regarding the Kotel controversy bring me to focus again on the Chief Rabbinate, pointing to the fact that the institution itself stands in sheer conflict with the notions of democracy and the rule of law in Israel, as well as the realities and interests of the Jewish people worldwide. A lengthy document presented by the Chief Rabbinate this week manifests a real threat to the State of Israel and the Jewish people, which is frequently underestimated and misunderstood by both Israelis and Diaspora Jewish leadership.
Rabbi Michael Chernick
In its discussion of divorce in Deuteronomy 24:1-2 the Torah frames the entire procedure in the masculine form. The Sages of the Mishnaic and Talmudic period understood this to mean that the right of divorce was the husband’s and not the wife’s. Further, in the formative period of Jewish law, a husband divorced his wife at his discretion, but she could be divorced against her will (Mishnah Yebamot 14:1). In the eleventh century a takkanah ascribed to Rabbenu Gershom of Mainz prevented women from being divorced against their will. Nevertheless, the husband’s agreement to divorce was still a sine qua non for the get to be legal.
Nevertheless, the problem of what I will call get-agunah, a woman being “chained” to a dead marriage for lack of a halakhic divorce, was not a practical problem. The Sages of the Talmudic period recognizing the inequities inherent
Rabbi Michael Chernick
Rabbi Michael Chernick, my colleague at Hebrew Union College-Jewish Institute of Religion, has offered a comprehensive and thorough summary of the issues surrounding the halakhic pre-nuptial agreement. I find in it absolutely nothing to critique and very little to add. I do, however, have three brief comments, which are based upon a recent entry in the blog of the Solomon B. Freehof Institute of Progressive Halakhah (http://blog.huc.edu/freehof/2016/02/29/the-halakhic-prenup-a-great-idea-mostly/).
1. Don’t Let the Perfect Be the Enemy of the Good. Even if it passes halakhic muster (and, as Rabbi Chernick notes, it has encountered strong opposition from the haredi rabbinical community), the halakhic prenup does not solve the agunah problem. A recalcitrant husband can still refuse to issue a get to his wife so long as he can either evade the jurisdiction
Rabbi Michael Chernick
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 viewed such prenuptial agreements, ultimately resulting in the Avitzur case of the New York Court of Appeals in 1983 that upheld a Conservative ketubbah that required the couple to submit to the jurisdiction of the court of the Jewish Theological Seminary and the Rabbinical Assembly; but that decision was by a bare majority, and it has yet to be tested in the federal courts.
A much better way to prevent agunot, one that does not involve the civil courts at all, was created by the Conservative Movement’s Committee on Jewish Law and Standards in 1969. It is the “Ante-Nuptial Agreement” (which follows), in which the couple (primarily the husband) agrees that if they divorce in civil court and the husband authorizes issuing a get within six months thereafter, then their marriage was valid. Otherwise, their marriage was not a marriage from the moment it was celebrated.
If the husband does not authorize the get within those six months, this ruling does transform the couple’s sexual relations during their “marriage” from the status of sacred relations to licentiousness. However, it does not affect the ability of the woman or man to remarry or the status of their children. (In Jewish law, illegitimate children, mamzerim, are solely the products of adulterous or incestuous unions, not a union of two people who could be, and in this case were, married.)
The husband will still be pressed to issue a get, as it is the proper way to divorce in Jewish law, and if he subsequently wants to remarry, Conservative rabbis will require him to do so (get humra, a writ of divorce out of stringency). But, again, in the meantime, the woman is free to remarry. Furthermore, the document is in English, so people whose native language is English cannot claim that they did not understand what they were signing. Here is the text of the document:
On the ___ day of __________, ____, corresponding to the _____ day of ______ 57___ [in the Jewish calendar], in _________ [City and State], the groom, _______, and the bride, __________, of their own free will and accord entered into the following agreement with respect to their intended marriage. The groom made the following declaration to the bride: “I will betroth you and marry you according to the laws of Moses and the people Israel, subject to the following conditions: “If our marriage should be terminated by decree of the civil courts and if by expiration of six months after such a decree I give you a divorce according to the laws of Moses and the people Israel (a get), then our betrothal (kiddushin) and marriage (nissuin) will have remained valid and binding. “But if our marriage should be terminated by decree of the civil courts and if by expiration of six months after such a decree I do
Rabbi Michael Chernick
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 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
Originally posted on Times of Israel blogs:
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
Liel Leibovitz’s “How to Finally Get Egalitarian Prayer at the Western Wall” can be found HERE.
Rabbi Uri Regev’s response follows below:
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
Originally posted in the Jerusalem Post [LINK]
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
Originally posted on the Jerusalem Post HERE
A 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