Last edited by Kagar
Monday, May 4, 2020 | History

9 edition of Marriage, divorce, and the abandoned wife in Jewish law found in the catalog.

Marriage, divorce, and the abandoned wife in Jewish law

a conceptual understanding of the agunah problems in America

by Michael J. Broyde

  • 48 Want to read
  • 40 Currently reading

Published by KTAV Pub. House in Hoboken, NJ .
Written in English

    Places:
  • United States.
    • Subjects:
    • Divorce -- Law and legislation -- United States,
    • Divorce (Jewish law),
    • Agunahs -- United States

    • Edition Notes

      StatementMichael J. Broyde.
      Classifications
      LC ClassificationsKF536 .B76 2000
      The Physical Object
      Paginationp. cm.
      ID Numbers
      Open LibraryOL6793587M
      ISBN 100881256781
      LC Control Number00060751

        The Jewish Divorce Process. Traditionally, Jewish divorce is granted by a rabbinical court (bet din, "house of judgment") in addition to the civil court. This is now voluntary everywhere except Israel, where the rabbinate still controls matters of marriage and divorce. The bet din is made up of three rabbis knowledgeable in the laws related to. Contemporary Issues in Jewish Divorce. Contemporary Jews from all the movements have responded to the inequities in Jewish divorce law that have created the tragedy of the agunah. Some have created civil remedies through the secular legal system, but these can be problematic.

      Jewish Law of Marriage and Divorce in India The uncertainty which prevailed within the Jewish area long ago still exists because of lack of codified laws. The rules of marriage and divorce are set according to their customary ritual which in itself changes from one Jewish community to the other. After the get is presented to the wife, either by the husband or his representative, each party receives a document from the beit din certifying that the marriage has been legally ended. As long as marriage and divorce were governed by Jewish law, the requirement of a get was strictly enforced. A woman who remarried without it was considered to.

      The Biblical prohibition forbidding one to remarry his divorced wife after she has been married to another (Deut. xxiv. 4) is extended by the Rabbis to the following cases: No one may remarry his divorced wife if he divorced her on suspicion of adultery, or because she had subjected herself to certain vows, or on account of her barrenness (see. The Bible states that a Jewish divorce is accomplished when a husband gives a document called a get to his wife. The get is a complex legal document written by a rabbi, and it acts as a religious divorce, apart from any civil divorce the couple might pursue. Of course, when the get was established, [ ].


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Marriage, divorce, and the abandoned wife in Jewish law by Michael J. Broyde Download PDF EPUB FB2

: Marriage, Divorce, and the Abandoned Wife in Jewish Law: A Conceptual Understanding of the Agunah Problems in America (): Michael J.

Broyde: BooksFormat: Hardcover. Thus, this book surveys how Jewish law seeks divorce respond to the consent of the other party or without a finding of fault. It concludes by noting that prenuptial agreements can successfully address the agunah problem in the United States since they provide a way for couples to create an image of marriage and divorce by which they can agree to : Paperback.

One of the most vexing problems to confront American Orthodox Jewry is the case of the agunah--a wife abandoned by a husband who refuses to give her a Jewish divorce.

This work seeks to explain the agunah problem in the United States. It argues that the agunah problem in contemporary America is part of a more general dispute in classical Jewish law as to when marriage should end. Get this from a library. Marriage, divorce, and the abandoned wife in Jewish law: a conceptual understanding of the agunah problems in America.

[Michael J Broyde]. Jewish divorce must precede remarriage. This is an absolute requirement of Torah law. A civil divorce is not recognized by traditional Jewish courts. The child whose mother did not obtain a Jewish divorce from her former husband may very well be categorized as a mamzer.

But again word “divorce” does not have to be used. In Exodus divorce is spoke of as a woman being “free”. In the same way when Paul says a “brother or sister is not under bondage in such cases” – he is saying they are freed from that marriage.

This cause for divorce applies equally to. Abandonment and Desertion in Divorce Information Provided by: Divorce Source, Inc. When one spouse just up and leaves the marriage, the other divorce have a fault ground for divorce -- abandonment, which is also known as desertion, a term with very unfavorable connotation.

While divorce is not looked at favorably in Judaism, it is by no means prohibited and, in certain cases, it is even encouraged. The rabbis of the Talmud considered marriage a holy contract, and the dissolution of marriage an unholy act.

They quote the prophet Malachi, “the Lord has been witness between you and your wife of your youth against whom you have dealt treachorously, though. Marriage, Divorce, and the Abandoned Wife in Jewish Law: A Conceptual Understanding of the Agunah Problems in America (Ktav Publishing House, ), Michael J.

Broyde. Assisted Reproduction and Jewish Law (Dept. of Judaic Studies, University of Cincinnati, ), Michael J. Broyde. In Jewish Law there is indeed a prohibition of marrying a woman who lost her husband twice. That being said, there are many caveats and conditions to this.

See my response below to AvramJ for one example where this rule may not apply. In a real-life scenario, a rabbi expert in the laws of Jewish marriage must be consulted to make a determination.

CIVIL ENFORCEMENT OF JEWISH MARRIAGE AND DIVORCE: CONSTITUTIONAL ACCOMMODATION OF A RELIGIOUS MANDATE INTRODUCTION When a Jewish couple marries, both parties sign an ornate docu-ment known as a ketubah. In layman's terms, the ketubah is the Jew-ish marriage license.' The majority of rabbis officiating a wedding will.

Marriage, Divorce, and the Abandoned Wife in Jewish Law: A Conceptual Understanding of the Agunah Problems in America. Michael Broyde is a professor of law at Emory University, and the academic director of the law and religion program at Emory University. He is the author of Human Rights in Judaism, and Marriage, Divorce and the Abandoned Wife in Jewish Law.

More about Michael J. Broyde. Find many great new & used options and get the best deals for Marriage Divorce and the Abandoned Wife in Jewish Law A Conceptual at the best online prices at eBay.

Free shipping for many products. I am a something abandoned Christian husband. My wife and I had a loving, good marriage, up until a couple of years ago when things began to take a turn for the worse. There was no hint of abuse (substance, physical or mental), infidelity or money problems in our relationship.

The Jewish view on marriage, historically, provided Biblically mandated rights to the wife which were accepted by the husband. A marriage was ended either because of a divorce document given by the man to his wife, or by the death of either party.

Certain details, primarily as protections for the wife, were added in Talmudic times. Non-Orthodox developments have brought changes in who may. JEWISH MARRIAGE, BIBLICAL DIVORCE, AND REMARRIAGE Discovering “Except for a Word of Fornication” in the Old and New Testaments Sharon L.

Fitzhenry Printed J Contact the author at [email protected] to order hard copies or free e-book. All are welcomed to join our discussion on Facebook.

Financial Support. Please pray for us and consider financially upholding this ministry with your gifts and offerings. TFM Theological Foundations is an independent ministry entirely funded in faith by those who agree with our Biblical teaching and wish to help in furthering the reintroduction of these truths to the church and taking the Gospel of Jesus Christ to the world.

Marriage, Divorce and the Abandoned Wife in Jewish Law: A Conceptual Understanding of the Agunah Problems in America "Jewish Law and the Abandonment of Marriage: Diverse Models of Sexuality and Reproduction in the Jewish View and the Return to Monogamy in the Modern Era," in Marriage, Sex, and Family in Judaism (Lanham, Md.: Rowman.

Many scholars in the area of Jewish marriage and divorce point proudly to the fact that Jewish marriage is a private ordering between individuals. Those scholars claim that Jewish marriage is a matter of contract between two willing parties, and therefore, unlike the custom in most liberal Western democratic countries, the parties, not the state, determine their personal status.

Within Jewish law pre-nuptial agreements are a relatively new concept and are primarily for the purpose of dealing with the Get. Some Rabbi’s encourage it more than others. On the wedding day the bride and groom enter into a formal marriage contract which is called a ketubah. The Jewish form of marriage is essentially of a contractual nature.

So in the Jewish marriage context, a man has consummated the marriage with his wife, figures he doesn’t like her, so tries to use the ‘porneia’ argument to get out of the parents bring forth the proof though, and he is required to not divorce her as long as he lives.In Orthodox Judaism, only husbands can give gets, the document that formally dissolves a marriage under Jewish law.

While most do, those who refuse wield enormous power over their wives.