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A comprehensive look at how rabbinical courts control Israeli marriage and divorce
A pathbreaking study of Jewish marriage and divorce in 19th-century Russia.
If your marriage must come to an end, do it the right way--with wisdom, practicality and understanding. What does Judaism tell you about divorce? What guidance, strength and insight can Judaism provide? In this first-of-its-kind handbook, Perry Netter--divorcé, father, congregational rabbi and pastoral counselor--shows how wholeness can be found in the midst of separation and divorce. With a title drawn from the words of the eleventh-century biblical commentator known as Rashi, Divorce Is a Mitzvah provides practical wisdom, information and strength from a Jewish perspective for those experiencing the challenging life-transition of divorce. Drawing on wisdom from centuries of biblical and rabbinic teachings, as well as modern psychological research, Netter offers suggestions for transitioning through the stages of separation and building a new life. This indispensable guide for people in crisis--and the family members, friends and counselors who interact with them--shows us how to transform a traumatic time of life into one of growth, right behavior and greater spiritual understanding.
American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.
One of the most vexing problems to confront American Orthodox Jewry is where a wife is abandoned by her husband who refuses to give her a Jewish divorce. This work seeks to explain the agunah problem in the United States. It notes that the contemporary agunah problem in America is radically different than that of contemporary Israel and completely different than the talmudic agunah problem. The thesis of this book is that the agunah problem in contemporary America is part of a more general dispute in classical Jewish law as to when marriage should end. Thus, this book surveys how Jewish law seeks to 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 live. Michael J. Broyde is an Associate Professor of Law at Emory University and the Academic Director of Law and Religion Program at Emory University. He is a member (dayan) in the Beth Din of America and was the director of that Beth Din while on sabbatical from Emory. In addition, he is the founding rabbi of the Young Israel synagogue in Atlanta. Professor Broyde is the author of The Pursuit of Justice in Jewish Law and co-author of Human Rights in Judaism.--Amazon.com.
The concepts of gender, love, and family - as well as the personal choices regarding gender-role construction, sexual and romantic liaisons, and family formation - have become more fluid under a society-wide softening of boundaries, hierarchies, and protocols. Sylvia Barack Fishman gathers the work of social historians and legal scholars who study transformations in the intimate realms of partnering and family construction among Jews. Following a substantive introduction, the volume casts a broad net. Chapters explore the current situation in both the United States and Israel, attending to what once were considered unconventional household arrangements - including extended singlehood, cohabitating couples, single Jewish mothers, and GLBTQ families - along with the legal ramifications and religious backlash. Together, these essays demonstrate how changes in the understanding of male and female roles and expectations over the past few decades have contributed to a social revolution with profound - and paradoxical - effects on partnering, marriage, and family formation. This diverse anthology - with chapters focusing on demography, ethnography, and legal texts - will interest scholars and students in Jewish studies, women's and gender studies, Israel studies, and American Jewish history, sociology, and culture.
Part II of this volume deals with divorce in Jewish law and custom. What were the grounds for divorce in the past, and what are they now? What is considered proper divorce procedure, and what documents need be involved? Under what circumstances are husband and wife forbidden to remarry? Even the happiest bride and groom should know the answers to these important questions.
Marriage today might be a highly contested topic, but certainly no more than it was in antiquity. Ancient Jews, like their non-Jewish neighbors, grappled with what have become perennial issues of marriage, from its idealistic definitions to its many practical forms to questions of who should or should not wed. In this book, Michael Satlow offers the first in-depth synthetic study of Jewish marriage in antiquity, from ca. 500 B.C.E. to 614 C.E. Placing Jewish marriage in its cultural milieu, Satlow investigates whether there was anything essentially "Jewish" about the institution as it was discussed and practiced. Moreover, he considers the social and economic aspects of marriage as both a personal relationship and a religious bond, and explores how the Jews of antiquity negotiated the gap between marital realities and their ideals. Focusing on the various experiences of Jews throughout the Mediterranean basin and in Babylonia, Satlow argues that different communities, even rabbinic ones, constructed their own "Jewish" marriage: they read their received traditions and rituals through the lens of a basic understanding of marriage that they shared with their non-Jewish neighbors. He also maintains that Jews idealized marriage in a way that responded to the ideals of their respective societies, mediating between such values as honor and the far messier realities of marital life. Employing Jewish and non-Jewish literary texts, papyri, inscriptions, and material artifacts, Satlow paints a vibrant portrait of ancient Judaism while sharpening and clarifying present discussions on modern marriage for Jews and non-Jews alike.
In 1807 Napoleon Bonaparte created the Duchy of Warsaw from the Polish lands that had been ceded to France by Prussia. His Civil Code was enforced in the new Duchy too and, unlike the Catholic Church, it allowed the dissolution of marriage by divorce. This book sheds new light on the application of Napoleonic divorce regulations in the Polish lands between 1808-1852. Unlike what has been argued so far, this book demonstrates that divorces were happening frequently in 19th century Poland and even with the same rate as in France. In addition to the analysis of the Napoleonic divorce law, the reader is provided with a fully comprehensive description of parties as well as courts and officials involved in divorce proceedings, their course and the grounds for divorce.
Jewish First Wife, Divorced collects the correspondence of Franklin Delano Roosevelt's New Deal Relief Administrator, Harry Hopkins, and his Jewish first wife, Ethel Gross. These letters--flirtatious and fond, quietly argumentative and terse--reveal the significant influence of Progressivism on Harry Hopkins's political ideology and also the unique challenges for a professionally ambitious Jewish immigrant woman living in the early twentieth century.