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
This special series of RRFEI articles features an original work by Orthodox Rabbi Michael Chernick, Professor Emeritus of Rabbinic Literature at HUC-JIR, New York, with responses from Rabbis Mark Washofsky, Elliot Dorff and Daniel Siegel. Rabbi Washofsky’s affiliation is Reform; Rabbi Dorff’s is Conservative and Rabbi Siegel is with Jewish Renewal.
We hope you will respond and air your voice also on this essential issue of egalitarianism and halakhah. (I want to note that we invited two women scholars to respond, and neither had the time; but we hope for responses from our women colleagues and a robust discussion of these ideas.)
As we all know, being a ?chained? woman (agunah) causes untold suffering, and justice demands we create a solution to this oppression. You will see in today?s article by Professor Michael Chernick an analysis
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:
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.
Hiddush?s dual study offers an eye opening perspective as to the differences between Jewish Israelis and Arab Israelis on these issues. The findings
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
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
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