313:, both of the Beth Din of America, translated the Agreement for Mutual Respect into English. A clause is included which assigns jurisdiction to the Beth Din of America in the case where the Agreement for Mutual Respect itself would prove to be unenforceable for any reason in the State of Israel or "in the jurisdiction that the parties reside in at the time that either one of them seeks enforcement of its provisions". Under those circumstances the Agreement for Mutual Respect converts into a binding arbitration agreement with the Beth Din of America assigned as the arbiter. This same agreement has been translated from the original Hebrew also into French, Spanish. and Russian.
190:
Bleich and developed by Rabbi
Mordekhai Willig gained overwhelming halakhic approval throughout the Orthodox rabbinate. Rabbinical organizations such as the RCA and Young Israel, and lay organizations such as the Orthodox Caucus and the Wedding Resource Center, then began the continuing effort to make signing this agreement universal practice. This effort is meeting with growing success. The number of couples signing the agreements is growing dramatically, as is the number of rabbis strongly recommending it, or even refusing to officiate without it, in prenuptial meetings."
293:. The prenuptial agreement essentially works on a similar principle of spousal support in the case of recalcitrance as that of the Beth Din of America. However, in the Agreement for Mutual Respect the obligation is mutual. Both the bride and the groom obligate themselves to support his or her spouse, the amount ranging from $ 1500 per month to half his/her monthly net income. The obligation is activated after notification followed by a defined waiting period, if the couple is still married according to
289:, called the Heskem L’Kavod Hadadi (the Agreement for Mutual Respect) was authored by a team of two rabbis and a rabbinical court advocate — David Ben Zazon, Elyashiv Knohl and Rachel Levmore — in consultation with experts in various fields (Jewish law, Rabbinic courts, family law, women's organizations, psychology). This particular agreement is recommended by concerned organizations, rabbinic as well as feminist, including the director of the Israeli rabbinical courts,
321:
instructions of that Beth Din, including co-operation in any mediation recommended, in seeking to resolve all problems arising out of or in connection with their Jewish marriage." A more detailed agreement, based on the
Israeli "Agreement for Mutual Respect", which was adapted to the specifics of British family law was drawn up by Rachel Levmore with British barrister Daniel Clarke, called "The Prenuptial Agreement for Mutual Respect (PAMR) for use in England".
179:, by Rabbinical Judges. The clauses of the prenuptial agreement delineate the rules accepted by the signatories, according to which the Rabbinical Court should rule. There are optional clauses authorizing the court to rule on monetary matters or child custody and related issues. The entire agreement is in keeping with the law of the State where it is signed and can be enforced as a binding arbitration agreement in the State Court.
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essence this means that from the point that his wife asks for a get and the Beth Din recommends that he deliver the get, until he gives the get, the husband is obligated "to support my Wife-to-Be from the date that our domestic residence together shall cease for whatever reasons, at the rate of … in lieu of my Jewish law obligation of support so long as the two of us remain married according to Jewish law…."
151:, chief rabbi of Jerusalem ("Sefer Tevuot Shemesh", Jerusalem 1981). Following Messas' involvement, the Rabbinical Council of America actively pursued this issue (“The RCA Commission: Solving the Problem of Gittin", Hamevaser, Vol. 22 No. 2, October 27, 1983). The latest in a series of RCA resolutions -- "that since there is a significant agunah problem in America and throughout the Jewish world, no
394:...perhaps most importantly the Halachic Prenup protects both parties to the marriage from issues of agunah and agun where if God-forbid one party breaks their convenant to the other spouse, the other spouse has remedies to ensure that the offending spouse will participate in the religious divorce process and give/accept a Gett
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attests: "A wide variety of prenuptial agreements have been proposed. Each had its halakhic proponents and detractors, but for better or worse none gained the kind of widespread support necessary for effectiveness until seven years ago. At that time, a mechanism originally suggested by Rabbi J. David
271:
to create a legal remedy through civil courts in case one party fails to cooperate in Jewish divorce proceedings. The Women's League of
Conservative Judaism officially endorsed the use of the Lieberman clause in combination with a prenuptial agreement in 2008. In practice, women have been successful
182:
The heart of the prenuptial agreement is the monetary obligation undertaken by the groom. He obligates himself to support his wife at a particular rate (from the point of separation) as long as they are married according to Jewish law, if the Beth Din renders a decision enforcing this obligation. In
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offers a prenuptial agreement which is in essence a generic arbitration agreement appointing the London Beth Din as arbiter "in the event of any matrimonial dispute, they will both attend the Court of the Chief Rabbi, the London Beth Din … when required to do so and that they will comply with the
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unconditionally at that point, his/her obligation is voided. In this manner only the recalcitrant spouse's obligation will remain in effect. Obviously, if a get were administered during the waiting period, neither spouse is obligated to the other. There are additional matters covered by this
276:
itself, in U.S. state courts, including the highest court of the state of New York, though continuing questions about the legal validity of the document have led the
Conservative Rabbinical Assembly to encourage the signing of a letter of intent together with the clause.
115:, Yevamot, chapter 10). The case of the classic agunah still possibly exists today: The wives of several men who were killed on 9/11 potentially could have been declared agunot; however, with the combined international legal efforts of several prominent
147:-refusal was developed and accepted by the Rabbinical Council of Morocco on December 16, 1953 ("Sefer Hatakanot", Vol. 1, The Institute for Moroccan Jewish Tradition, Jerusalem). The prenuptial agreement gained further approbation in 1981 from
219:
began its Agunah
Prevention Initiative to educate the North American Jewish community about the importance of standardizing the use of the prenuptial agreement to prevent situations of get-refusal. In November 2014, they released a
82:(Jewish divorce document) in his wife's hands out of his own free will (Yebamot, 14:1). If he does not have the intent to divorce his wife, no other party—person or court, can do so in his stead. A Jewish woman chained to her
111:-refusal. Halakhically, an agunah is a woman whose husband has disappeared and it is not known whether he is alive or dead. The example used is the passenger on a boat that sank in “waters that have no end” (Babylonian
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newspaper) that to his knowledge, the "prenuptial agreement is one hundred percent effective. In every case of a couple that had previously signed a prenuptial agreement and later came to divorce, there was a
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makes provisions for the possibility of divorce. By setting up rules prior to the marriage in the form of a contract, both spouses have an interest to negotiate a divorce in a dignified manner, and
171:. It is a “binding arbitration agreement.” The Beth Din, accepted by both bride and groom as an arbitration panel, is legally enabled to render a binding decision in all issues relating to a
143:-refusal became more widespread when Jews lived in countries where civil divorce was available, separate from religious divorce. The earliest prenuptial agreement for the prevention of
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rabbis, all these cases were resolved and the women were permitted to remarry. A more prevalent problem is that of a husband who is alive and well, but refuses to give his wife a
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agreement, such as: If one of the spouses demands marital therapy, the other must comply up to three visits; the community property law of the State of Israel is accepted as
1082:
363:
See Rachel
Levmore, “Get Refusal in the United States and One Method of Prevention: Prenuptial Agreements”, Women in Judaism , Bar Ilan University, Ramat Gan 2001.
633:
David
Ellenson and James Ellenson, "American Courts and the Enforceability of a Ketubah as a Private Contract: An Investigation of Recent U.S. Court Decisions"
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announced that the Beth Din of
America prenuptial agreement results in potentially disqualified gittin. Others have objected to the Heskem L’Kavod Hadadi.
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should officiate at a wedding where a proper prenuptial agreement on get has not been executed”—was passed on May 18, 2006.
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http://www.summerbeitmidrash.org/sbm/SBM.nsf/DocsByUName/08006395AE0572EB87256A3600686AB0/$ File/prenup.fin.pdf!OpenElement
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problem, a distinction must be drawn between the classic definition of an agunah and a victim of
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cannot be dissolved without the consent and cooperation of both spouses. This new type of
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delivered a speech decrying the use of the prenup, explaining why it may disqualify any
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to promote the message that "friends don't let friends get married without the prenup."
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Some rabbis have expressed halakhic reservations with the Jewish prenuptial agreement.
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In the United States, the most prominent prenuptial agreement for the prevention of
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The
Council of Young Israel Rabbis in Israel, in cooperation with Yonah Reiss and
963:"Prenuptial Agreements | PDF | Halakha | Hebrew Words And Phrases"
247:(marriage contract), as opposed to a separate prenuptial agreement, known as the
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96:. As of late, common usage has applied the term agunah to include a victim of
167:-refusal signed within the Orthodox Jewish community is the agreement of the
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in getting courts to enforce the "Lieberman Clause", though not always the
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has been developed in recent times with the stated intent of keeping the
531:"Historic Backing Of Halachic Prenup By Haredi Rabbis | Jew in the City"
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has sought to prevent cases of get-refusal by attaching a clause to the
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516:"Jewish Law - Articles - Jewish Divorce and the Role of Beit Din"
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There are additional prenuptial agreements for the prevention of
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197:, has repeatedly stated in public arenas (orally and weekly in
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https://www.wlcj.org/templates/page2.asp?DocID=1798&page=0
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690:"Rabbinic Court head supports use of prenuptial agreements"
604:"Friends Don't Let Friend's Get Married Without The Prenup"
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Prenuptial agreement utilized within the Jewish religious
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delivered in a timely fashion." Australian Chabad rabbi
231:-refusal which have been signed in the United States.
48:(Jewish divorce document). Without such an agreement,
18:
Prenuptial
Agreement for the Prevention of Get-Refusal
662:"Agreement for Mutual Respect (Prenuptial Agreement)"
580:"ORA | The Organization for the Resolution of Agunot"
584:
ORA | The Organization for the Resolution of Agunot
86:because of her husband's inability to grant her a
42:in cases where the husband refuses to grant her a
678:http://www.jlaw.com/Articles/getAndEnglishLaw.pdf
999:ICAR (International Coalition For Agunah Rights)
989:International Young Israel Movement in Israel
285:A different agreement developed in Israel in
123:. A woman in these circumstances is called a
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159:Prenuptial agreement as preventive solution
1016:Agunah Research Unit-Manchester University
297:. If a spouse is willing to give/accept a
212:has spoken out strongly in favor of them.
1048:Organization for the Resolution of Agunot
217:Organization for the Resolution of Agunot
193:The director of the Beth Din of America,
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261:Jewish Theological Seminary of America
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432:"Rabbinical Council of America (RCA)"
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694:The Jerusalem Post | JPost.com
556:"Will the Halachic Prenup Catch On"
384:from the original on March 11, 2024
306:for those that sign the agreement.
529:Josephs, Allison (18 March 2015).
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927:"A Kosher Prenup: Does it Exist?"
554:Line, Chabad On (28 April 2015).
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1078:Judaism-related controversies
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340:obtained as a result of it.
316:In the United Kingdom, the
127:- a woman who is refused a
32:Jewish prenuptial agreement
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1004:Center for Women's Justice
913:www.agunot-campaign.org.uk
255:(rabbinical court) of the
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909:"agunot-campaign.org.uk"
38:woman from becoming an
90:, is referred to as a
378:TheHalachicPrenup.org
374:"The Halachic Prenup"
281:Heskem L’Kavod Hadadi
135:Historical background
635:Conservative Judaism
239:Conservative Judaism
103:When discussing the
54:prenuptial agreement
1021:The Agunot Campaign
343:On August 2, 2015,
257:Rabbinical Assembly
169:Beth Din of America
67:Halakhic background
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951:. 28 January 2016.
648:"Lieberman Clause"
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1038:The Prenup
880:2015-01-11
835:2015-01-11
796:2015-01-12
757:2015-01-11
718:2015-01-11
589:2015-07-16
565:2018-01-14
540:2018-01-14
476:2007-07-25
442:2007-07-25
417:2007-07-25
351:References
195:Yona Reiss
388:March 10,
889:cite web
844:cite web
805:cite web
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727:cite web
485:cite web
407:"Agunot"
382:Archived
253:beth din
117:Orthodox
84:marriage
61:-refusal
933:May 13,
609:YouTube
560:collive
304:halakha
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287:Hebrew
113:Talmud
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36:Jewish
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470:(PDF)
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222:video
153:rabbi
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