Beyond the Egalitarian Get

Beyond the Egalitarian Get n the Orthodox world (and in the ing out of it, no way to rectib it. Conservative world as well) aget, From the Orthodox perspective, non- I or a Jewish divorce document, is Orthodox Jewry has created many given from the man to the woman. problems. Most of them, however, Because of this fact, and because of are rectifiable. But when a rabbi does the fact that the man must give the not require a get in order to officiate get of his own free will, the situation at a remarriage, any children from arises on occasion when a woman is this marriage are mamzerim in the trapped in a marriage she no longer eyes of the halakhah. wants to be in, thus making her what Theoretically, a woman can also is known as an agunah (a "chained refuse a get, but the man is not guilry 7, . woman, l.e., one who cannot re- of adultery if he remarries. Polygamy marry). Recalcitrant husbands (as (the marriage of a man to multiple the get-refusing husbands are called) women) is only forbidden by the rab- are not the only cause of agunah. A bis (derabanan) but not the Torah woman can also become an agunah (debraita). Also, the incidence of if her husband disappears and is pre- women refusing to receive a get ap- sumed to be dead, although halakhic pears to be less frequent than the in- authorities try to find ways (as they cidence of a man refusing to give a do, to a lesser degree, in the case of a get. Or, alternatively, the rabbinic recalcitrant husband) to permit these courts are able to find halakhic solu- women to remarry. If a women who tions allowing men to remarry more is an agunah gets married or engages easily because the prohibition is only in sex, the relationship is considered derabanan. There are few cases of the adulterous (she is still considered male equivalent of an agunah. married) and any offspring are considered mamzerim or illegitimate. Alternative Approaches Mamzerim may only marry other The non-Orthodox Jewish move- mamzerim. Being a mamzer is a per- ments have responded to the non- manent problem; there is no convert- egalitarian nature of the get ritual and Rabbi Leah Richman graduated from the Reconstructionist Rabbinical College in June 2000, and serves the Oheb Zedek Synagogue Center in Pottsville, PA. 48 Sprig2000 The Reconstrrtrtinn;.+ the problem of agunah that results structs its rabbis to explain these from it in various ways. The Reform ramifications to the potential divor- movement considers a civil divorce cees. The RRA feels responsible for sufficient to allow remarriage. The explaining to the potential divorcees Conservative movement still requires that if they remarry on the basis of a get- in order to remarry. However, this get that any future children they out of concern for the problem of might have will be considered mam- agunah, many Conservative rabbis zerim by Orthodox and Conservative include a clause in the ketubah (called rabbis. the Lieberman clause after its author, We also feel that the couple should Prof. Saul Lieberman) through which understand the traditional gender in- the bride and groom give the Con- equality in a get. To prevent the servative Beit Din (rabbinic court) woman from ever being an agunah we the power to penalize the recalcitrant require the husband to sign a state- spouse. ment saying that if his wife ever re- The Reconstructionist Rabbinical quests a second get in order to re- Association (RRA) has its own get- marry that he will give one to her. procedure. It is often cited as one of Following is a careful discussion of the examples of how Reconstruction- this requirement. ism differs from Reform Judaism. In- stead of discarding- a ritual that no Trying to Cover All Bases longer seems meaningful, we recon- struct it to our values. Recognizing The instructions given to rabbis the need for religious ritualat the for the RRA "Egalitarian Get Proce- dissolution of a relationship, Recon- dure" (revised 12/95) include the fol- structionism took an old form and lowing statement: "At the beginning gave it new meaning and power. of this process [meaning the divorce The Reconstructionist get is egali- process] it is required that you ex- tarian. Either party can initiate, or plain the possible ramifications of it can be initiated jointly. The RRA agunah and mamzerim." Education is encourages the execution of a get be- extremely important in this area con- fore remarriage. Rabbis have various sidering the issues as they have been policies as to whether they require a outlined above. The instructions get for remarriage, and each case is continue, "Because of these two is- dealt with individually. Therefore, sues have only the husband sign the there is no issue of agunah in Recon- 'Informed Consent' page." The "In- structionist Judaism. formed Consent" page reads as fol- Our movement, being the only lows: one to have an alternative get proce- "Dear , dure, and recognizing the possible Please be aware that this Recon- ramifications of remarrying on the structionist Egalitarian Get may not basis of a get not accepted by all, in- be accepted by some Orthodox or The Reconstructionist Spring2000 47 Conservative rabbis. In the interest rabbi's obligation to explain the pos- of klal Yirrael and shalom am please sible ramifications of agunah. "At the read the below statement and sign beginning of the process it is required this form. that you explain the possible ramifi- "I seek to obtain a Reconstruc- cations of agunah and mamzerim." tionist Egalitarian Get with full Each rabbi will interpret this obli- knowledge and understanding of the gation differently. I imagine that above statement. I agree to cooper- most rabbis would explain to the ate fully in obtaining another Get couple something similar to this: should one be required by another "Although I consider this get to be a rabbi for the purpose of remarriage. severance of your marriage and to al- ,> Signature -- low remarriage should you choose, there are other rabbis, particularly Educational Objectives some Orthodox or Conservative rabbis, who will not see this get as legiti- There are four values that are im- mate and therefore will not consider plied by the instructions given to rab- you divorced. They would require bis and by the letter of consent for another get before officiating at your the husband. The instructions to the remarriage. get imply a value to educate the "The non-egalitarian get can only couple about 1) agunah, and 2) mam- be given with the husband's consent. zerut. The letter of consent, on the This means that women can often be other hand, cites the values of pro- trapped in marriage, unable to re- moting 3) klal Yisrael and 4) shalom marry. Partly to prevent this occur- am. The instructions for the get re- rence, we will require you (husband) quire educating the couple about to sign a form saying that if your wife agunah and mamzerut and note that ever needs another get for remarriage for those reasons, only the husband that you will not withhold it from should sign the consent form. How- her." ever, the consent form itself has no Mamzerim: The rabbi is also re- mention of those issues, but rather quired to explain to the couple that mentions different values, klal Yisrael any rabbi (or Jew, for that matter) and shalom am. It is important to who does not consider the get valid examine the reasons why these val- will consider any future children the ues ate different from one another. woman has as mamzerim, or children In order to do this, it is important to of an adulterous relationship. This separate them. is because the woman is still considered married to her former husband. Values of an Egalitarian Get Mamzerim are considered by some to be outcasts and some rabbis would Agunah: Reading the instructions never officiate at their possible future for the get, one notes that it is the wedding ceremony unless it was to 50 Spring 2000 rpl - another mamzer. conflict between the "two sides" is. I The rabbi might explain that ac- would guess that the Conservatives cording to these rabbis and Jews, only and Orthodox are upset that we are a married woman can give- birth to officiating at divorces that they do mamzerim. According to Jewish law, not necessarily consider to be in ac- these Jews would explain, adultery al- cordance with halakhah. This could ways involves a married woman. lead to either person's anger at those Therefore, if the husband were to re- movements when being told that they marry and have children, his children need another get. This type of anger woulh not be considered mamzerim between rabbi and potential marrieds unless his future wife was also previ- is not good for klal Yisrael. If the pre- ously married without aget (aget they vious recipient of our get was insulted consider legitimate). enough, it could even lead to him or I would also explain that the rea- her turning away from those move- son a woman without a get cannot ments after having approached them remarry, according to some Conser- for marriage officiation, and instead vatives and Orthodox, is not only be- going on to marry through some cause it would be considered an adul- other rabbi and producing what some terous relationship, but also because consider mamzerim. any future children would be consid- The Conservative and Orthodox ered mamzerim. might argue that had we never got- ten into the get business in the first Wider Concerns place, there would be much less potential friction.

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