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MODERN DAY SLAVERY – WOMEN in CHAINS Beth Din (Court of Jewish Law), Where It for the Civil Law of the State to Intervene

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MODERN DAY SLAVERY – WOMEN in CHAINS Beth Din (Court of Jewish Law), Where It for the Civil Law of the State to Intervene Volume 88 Number 3 April 2012/5772 Pesach Issue P.O. Box 2220 Caulfield Junction VIC 3161 email:[email protected] www.ncjwa.org.au President’s Greeting of being trafficked; freedom from the Life in a Changing Europe”, promises to oppression of anti-Semitism; freedom from be thought-provoking as we discuss the Pesach is upon the oppression of existential threats to Israel contributions of Jewish communities in Europe us: so much joy from Iran and Hamas. We must not be in the recent past, the present and the future, yet so much complacent about the world around us. We and particularly the contributions of Jewish work. You may must continue to speak up against injustice women. Challenges facing Jewish communities be reading this and in support of the oppressed. in Europe are of concern. ICJW will also as a break from be celebrating 100 years of existence. We Pesach is also a time of families and friends preparing the congratulate ICJW on this huge milestone. I coming together, sharing a delicious meal, house for Pesach look forward to reporting on the conference in telling the Pesach story in prose and song. or cooking for the next Bulletin. the Seder. Or you This is the joy of Pesach. It is my favourite may be relaxing Jewish festival and one I love to invite I extend a hearty mazeltov to Victoria and Di Hirsh OAM afterwards. my non-Jewish friends to, so they can Brisbane sections as they celebrate their 85th understand the importance of living Judaism anniversaries. Both sections have a long and I encourage you to take the time to think through family celebrations. I hope you all proud history of community involvement in about the significance of Pesach, the Festival enjoy a happy and healthy Pesach. different circumstances. May they continue of Freedom, and its relevance today. Freedom their good work for many years to come. from oppression is a vital issue for all of us: In a few weeks I will be attending the ICJW freedom from the oppression of domestic European Conference and Executive meeting I wish you all a Pesach kasher v’sameach. in Berlin, representing Australia together violence; freedom from the oppression of Di Hirsh OAM being an agunah (a Jewish woman unable to with other NCJWA women. The conference, obtain a get); freedom from the oppression entitled “Breaking Walls: Sustaining Jewish MODERN DAY SLAVERY – WOMEN IN CHAINS Beth Din (Court of Jewish Law), where it for the civil law of the state to intervene. is given and accepted in the presence of With respect to halacha, it is generally witnesses. A get is considered ‘granted’ by believed that there is a solution available if mutual consent of both parties. The husband the male Beth Dins would be prepared to hands the wife the get document, and she in accept the solution. And the authority for turn has formally to agree to accept the get. this is no other than the most esteemed of Legal loopholes exist to allow non-divorced Jewish scholars, Maimonides (the Rambam). husbands to remarry; none exist to help It is worth quoting his solution extensively: wives. A woman whose marriage has ended and who has not been given a get is an If a man may be compelled by law to divorce agunah (a chained woman). his wife, yet he refuses to do so, an Israelite court of law of any time and place has the Hundreds, if not thousands, of Jewish The effect of get-refusal is terrible. An authority to lash him until he says “I want to women in Australia and world-wide agunah is effectively excluded from leading are not free like the rest of us. They are [divorce her]”. He may then write a writ of an ordinary Jewish social and family life. chained to recalcitrant husbands who divorce and it is valid. refuse to grant them a get (a bill of She cannot re-marry in an Orthodox Jewish divorce). This has very serious synagogue, even if she has been through a If Gentiles flog him and say “do what the consequences for the women involved. civil divorce because, according to halacha, Israelite [authorities] command you” and The problem stems from the inherent she remains married until she receives her he was pressured by Israelites through the inequality between Jewish men and women. get. A civil re-marriage will not be accepted Gentiles until he gives a divorce, it is valid. If To understand the significance of the get, by the Jewish world. Her children will be the Gentiles themselves forced him until he it is essential to appreciate the nature of mamzerim (illegitimate) they can only marry wrote it, although there is good legal ground Jewish marriage. Although marriage is another mamzer or a convert and all their for it, it is [nevertheless] invalid… descendants will be mamzerim. An agunah undertaken by the mutual agreement of [I]f someone was overwhelmed by his evil awaiting her get cannot engage in another bride and groom, the groom accomplishes inclination so that he did not observe a serious relationship - seek a new husband in the marriage by asking the bride to be his commandment or transgressed the law, and anticipation of receiving a get or even become wife ‘according to the law of Moses and is lashed until he does what he is obligated involved with another man. While she is an Israel’. He alone ‘acquires’ a spouse. She to do or distances himself from what he agunah, any association with a man other is ‘acquired’. Thus, halacha (Jewish law) is forbidden to do, he is not being forced: than her husband is deemed adulterous. logically dictates that the marriage may be rather he forces himself on the basis of his When she is finally granted her get it will ended only by the husband granting his wife evil inclination. Therefore, a man who does stipulate that she may not marry this man. a get– him undoing the acquisition that he not want to grant divorce, inasmuch as he has made. There are 3 possible resolutions to the plight wants to be part of the people of Israel and In order for the get to be universally of an agunah. One, quite unsatisfactory wants to observe all of the commandments recognised within the Jewish world, it is option, is to leave Judaism behind. The other and to keep away from transgressions – and essential that the get procedures should be alternatives are for there to be a change to it is only his evil inclination which has effected under the auspices of an orthodox the halachic perspective on the problem or continued p6 Council Bulletin 1 Editorial Women in Interfaith We truly live in a lucky country – something we should always remember as we approach the festival of freedom, a festival we are free to celebrate openly, without risk of major outbreaks of antisemitism and without fear of the in Cambodia (who is the granddaughter sets the tone for the conference as women blood libel being leveled at us. of Nili Palti, a Council member in Victoria); share with each other in small groups what a Catholic nun working in Bouganville; a symbol represents some aspect of their faith While we eat the bread of affliction that is also the bread of freedom, we should appreciate that most of us are fortunate enough Lebanese woman film-maker whose films to them personally. challenge existing differences between to have good food and shelter, and warm enough clothing. We should take none of this for granted. Our luck is just that – we are Spending time together and having space to cultures; a Catholic nun helping asylum lucky to live in a land of prosperity, in which we Jews have been able to thrive. However, even amid our plenty there are individuals talk to one another in a safe environment led to seekers here in detention centres; an Afghani and families who are homeless or struggling to put food on the table. There are others amongst our number whose ability to strong bonds of friendship. In this the informal woman who has established an Afghan – function in society is limited by disability or by ill-health. And there are others who are simply lonely. program, which included making origami peace Australian Development Association offering cranes, having a go at African drumming and Pesach provides us with an opportunity to give back. First, while cleaning our cupboards we should find the clothes, bedding, basic literacy; vocational training and life- singing peace songs, was very important. crockery, etc that we don’t really use any more and certainly could live without. We should pass them on to someone who will training for those in need in Afghanistan; greatly value them. Secondly, we can ensure that those who would have no Seder to attend are welcomed into our houses. And and a woman working with Jewish Aid here A direct result of the JCMA Women’s not just theoretically or at the appointed time in the Seder! We should seek out guests – we can ask around and find out who helping Sudanese refugees. Their stories Conferences has been the desire to keep in would appreciate the invitation. made us all realise how many different ways touch with each other and to include more we can work for peace and support those women in the conversation. As a result, there The final thing we can do is educate ourselves and our families. In this issue of the Bulletin we look at the plight of women who in need.
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