jewish divorce laws

A detailed Summary of jewish divorce laws

Although changes have been made to Jewish divorce laws, women are continually being mistreated when dealing with the issues of divorce. In biblical times, there were no assurances that women would be protected when faced with a man who wanted a divorce. Furthermore, women were not allowed to initiate the process by asking for one. As time went on, it was recognized that women needed to be somewhat shielded from actions that her husband could take, which she had no control over. Rabbinic law made four major changes to help the plight of women regarding divorce (Biale p.5).

First, the Halackah requires a Get (bill of divorcement), which limits the possibility of a rash, thoughtless divorce (Biale p.6). Second, the Talmud introduces a number of grounds where a woman can seek a divorce. She must appeal to a Beit Din to compel him to divorce her (B. p.6). Furthermore, post-biblical Halackah introduces the Ketubah, which gives financial assurances to women in case of a divorce (B. p.6). Finally, in the Middle ages, the ban of Rabbenu Gershom forbids divorcing a woman against her consent (B. p.6).

Although these assurances are made, it does not hinder the man's ability to abuse his power when initiating a divorce. The Mishn

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Perhaps the only immediate solution for women today is to abandon their religion, values and morals. The only thing stopping them from being free is their religious beliefs. This too is a difficult task to endure, but some believe that it is better than being chained for an unknown amount of time. There have been civil laws passed in North America to try to help these women. In Canada article 21.1 has been passed that states a husband will be unable to get a civil divorce until he removes the religious barriers on his wife (class). Still the archaic Halackic laws are intact, impeding the freedom of thousands of women. Jewish divorce is quite relevant when interpreting Judaism's view of women. It is well known that these laws are unjust and they can be changed. Although not being a small feat, if the Halackic authorities all believe that women deserve all the rights that men enjoy, these laws can change. When and if this will happen is unknown, until that time, women !

em through the Ketubah (B.110). An addition that was proposed in 1954 had the couple mutually agree to submit to the authority of a Beit Din to determine the terms for the dissolution of the marriage when it deems this appropriate according to Halakhah (B. 110). Unfortunately, many Orthodox authorities deny these proce

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Approximate Word count = 928
Approximate Pages = 4 (250 words per page double spaced)

Category: Religion