Jewish Divorce Refusal in New York and Toronto
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A Socio-Legal Investigation of 'Get' Jewish Divorce Refusal in New York and Toronto: Agunot Unstitching the Ties that Bind Yael C.B. Machtinger A DISSERTATION SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY GRADUATE PROGRAM IN SOCIO-LEGAL STUDIES YORK UNIVERSITY TORONTO, ONTARIO July 2017 © Yael C.B. Machtinger, 2017 Abstract This dissertation, focusing on religion, law, and socio-legal storytelling, is a comprehensive, qualitative study of Jewish divorce (get) refusal and the first comparative study between Toronto and New York, cities with the largest and most diverse Jewish populations in their respective countries. Since the 1980s and early 1990s, there have been slow socio-legal developments around get refusal in New York and Canada as well as heightened awareness and advocacy in New York, coupled with denial of the persistence of the phenomenon in Toronto. Sally Falk Moore noted of a different legal pluralist context, “Innovative legislation and other attempts to direct change often fail to achieve their intended purposes…new laws are thrust upon going social arrangements in which there are complexes of binding obligations...” (Moore, 744). Despite the increased visibility of get refusal in the media, much of the work being done, both social and legal, continues to perpetuate a gap between legal and social realities within Jewish communities as well as silences, particularly in Toronto. At least in part, this is due to unforeseen forces, specifically the power of normative cultural practices. Drawing on interviews inspired by oral history and ethnography, and archival sources to get a ‘thick description’, this dissertation contributes to women’s historiography of marriage and examines the overlapping legal norms of Jewish and civil laws, making some key contributions. I incorporate socio-legal literatures dealing with religion, law, and multiculturalism, as well as gender and storytelling (by talking to broad and diverse stakeholders) and thus I bring literatures of social theory, religious feminism and legal pluralism together in an innovative way to examine women’s narratives of being “chained” to a marriage. I shift the parameters of studying get refusal by placing women’s narratives and experiences of being refused a get by their recalcitrant spouses at the centre of this analysis, developing a critical legal pluralist approach. With empirical support from interviews I illustrate that get refusal is not necessarily a function of one’s piety. It may impact all types of women, and religious observance is not in and of itself the cause (thus abandoning religious observance is not the solution). Furthermore, I demonstrate the deep connection between domestic abuse and get refusal. ii Acknowledgements “Barukh ata Hashem elokeinu melekh ha’olam, shehekheyanu, v’kiyimanu, v’higiyanu la z’man ha’zeh”, “Blessed are You Lord our God, Ruler of the Universe who has given us life, sustained us, and allowed us to reach this day”. The Shehekheyanu blessing is a common Jewish blessing said in order to celebrate special occasions, when one is thankful for new and unusual experiences. Completion of a Doctoral Dissertation has been new and unusual and I first thank G-d who has enabled me to reach this moment. I would like to acknowledge here, however inadequately, those without whom this accomplishment would not have been possible. Annie Bunting has been the best mentor by whom any junior scholar could hope to be influenced and guided. She is gifted in all she does- as a researcher, as a teacher, and as a most compassionate person. Annie’s steady, consistent, and unyielding support (even in times of doubt) has led me to this achievement. Annie makes students feel worthy and helps them grow. She has a special way of imparting confidence and humbleness simultaneously. Her kindness, respect, and intellectual engagement continue to inspire me and I remain deeply grateful. I also wish to thank Sara Horowitz and Benjamin Berger for their tremendous insights and enduring support as I solidified my ideas over these past few years. They provided critical guidance into the production of something that I can now look on with satisfaction. I also extend a note of sincere thanks to the external examiner Shauna van Praagh, as well as Amélie Barras who were willing to commit their time to the consideration of the thesis in its entirety and their valuable comments and professionalism. I have a profound sense of gratitude toward all my teachers, without whom I would never have quite learned what it means to stay with a problem, to dwell on its multiple complexities, to push against one's own inadequacies of comprehension, and moreover, to savour the slow process of discovery. In particular I acknowledge Marsha Razin, of blessed memory. I continue our intellectual debates on the page and in my heart. I am grateful to Ben Berger for inviting me to participate in the Religion and Diversity Project and to Lisa Fishbayn Joffe for inviting me to participate in various endeavours with the Brandeis Project on Gender, Culture, Religion and Law. Both these collaborations have become stimulating contexts in which to consider the nexus of law, religion, and women’s storytelling, with particular focus on the abuse of get refusal. I look forward to continued collaborations emerging from these rich intellectual communities. Thank you for ‘lifting as you climb’. I also have been fortunate along the way to have had generous support from the Social Sciences and Humanities Research Council, the Ontario Graduate Scholarship, and the Religion and Diversity Project Doctoral Fellowship, and the Dr. Percy and Bernice Singer Award. iii I thank Jeremy Stern and ORA (Organization for the Resolution of Agunot), without whom this project may not have been possible. Jeremy, with the help of the entire organization, has been instrumental in helping me place women’s voices at the centre of an academic analysis. Jeremy and ORA have been inclusive and supportive throughout my research. They inspire me by continuing to pursue justice and help women, even when it is very unpopular. I acknowledge the wonderful and dedicated people who agreed to participate in this study and who were willing to share their thoughts, perspectives and ideas with me along with their vast knowledge. I appreciate their openness, candor, and generosity of time. It was they who gave the research its final meaning. In particular, I give my utmost gratitude to the mesuravot get, women refused a get, past and present, who shared their experiences with me. I have a debt that I can never repay to the women I worked with, whose generosity, insights, and struggles animate the words and phrases in this study. They opened up to share or revisit difficult, traumatizing, and often private experiences for the sake of sounding silences and in that way, for the sake of justice. Without their patience, eloquence, and belief in this project, it would not have been possible for me to write about many of the issues addressed here. I am forever indebted to them for letting me be the conduit through which their stories can enlighten and embolden others. Then there are those who made the fieldwork manageable, taking the sting out of the challenges that inevitably characterize fieldwork in testing contexts. In this regard, I would like to express my immense gratitude to Dina and Natan Hamerman (as well as Hannah, Sarah, and Moshe Hamerman) who opened their home and their hearts and nurtured me physically, emotionally and spirituality (through some very challenging interviewing days and lots of writing days) with their love, humor, and hospitality. I would also like to acknowledge the constant support and pep talks from Shimshon and Franny Hamerman. Hamermans, your support has meant so much. Finally, Judy and Beni Machtinger- ultimately it is you who taught me to speak up when I see injustice and to reach for the stars. It is your unconditional love and encouragement that has made me persevere. Even when the road got bumpy, you helped me clear the path that has lead to this moment. For these reasons, and millions more, I feel lucky and blessed to be your daughter. This accomplishment is yours and there are insufficient words to express my deep gratitude. I hope I can continue to make you proud. In addition to everything else, Judy, you have been an apt and eager intellectual partner; reading everything I read, and proofreading everything I write since I began reading and writing. This feat could not have been met without your tireless support. I would also like to acknowledge my grandparents, Moshe Yosef and Frieda Machtinger (née Horowitz) and Yitzchak and Sarah Hamerman (née Samet), of blessed memory, all four of whom were Holocaust survivors who believed so strongly in education. They never had the privilege of schooling, having been ripped out of their classrooms and sent to concentration camps. I am humbled and proud to be their legacy. iv TABLE OF CONTENTS Abstract.....................................................................................................................ii Acknowledgements..................................................................................................iii Table of Contents.......................................................................................................v Prayer for Agunot.......................................................................................................1 Chapter