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Judaism looks with disfavor upon
divorce; however, it is not prohibited and even encouraged in certain cases. The
rabbis of the
Talmud considered
Jewish Marriage holy contract, and the dissolution of Jewish Marriage an unholy act. They quote the prophet
Malachi, “. . .the Lord has been witness between you and your wife of your youth against whom you have dealt treachorously, though she is your companion, the wife of your covenant” (2:14). They add in
Sanhedrin (22a), “Even [
G-d] shares tears when anyone divorces his wife.”
In biblical law husband has the right to
divorce his wife, but a wife cannot initiate a
divorce. About 1,000 years ago,
Rebbeinu Gershom ben Yehuda (965-1028) decreed that husband could no longer
divorce his wife without her consent. This decision was accepted as binding by European Jewry.
When Jewish couple marries in a Jewish wedding ceremony, two distinct legal systems recognize the Jewish Marriage: (1) American civil law; and (2) Jewish law. If a marital relationship dissolves and one or both parties want a
divorce, American civil law requires that the moving party bring an action into an American court of law. Assuming proper grounds exist for a
divorce, the court will order a
divorce and American civil law will consider the Jewish Marriage terminated.
Case closed, right?
Wrong. secular, or civil, divorce has no religious validity in dissolving the marital ties of the Jewish couple. In other words, civilly divorced couple is still married according to Jewish law until a Jewish divorce has been granted; that is, Jewish law will consider the parties still married until such time as distinct Jewish religious legal proceedings are performed. In order for a divorce to be complete, thus severing all marital ties of a couple, a Jewish husband must issue his wife a get.
Get is the
Hebrew word for
divorce document. Since Jewish Jewish Marriage is entered into by the issuance of a legal contract between husband and wife, it can be terminated only by the issuance of a legal writ nullifying the original contract. According to Jewish law, a Jewish Marriage is not dissolved until a bill of
divorce,
get, is exchanged between husband and wife. competent Rabbis will not officiate at wedding if either party has been divorced without a
get.
Jewish
divorce is similar to many presentday legal transactions.
divorce contract is drawn up under rabbinical supervision and signed by witnesses. The husband and wife are NOT subject to personal questions. If they choose to, they need not be present together. Jewish
divorce usually takes an hour or two, during which time the
get is prepared and executed. The parties are expected to provide proof of identification, and will be asked some formal questions to make it clear that the
get is being executed on their behalf without coercion.
Since the writing of get is complex and delicate matter, a Jewish divorce must be conducted by experts. "Those [rabbis] who are not well-versed in the intricacies of Jewish Marriage and divorce may not participate in divorce proceedings" (Kiddushin 6a).
Based upon the statement in
Deuteronomy (
24:1), which states that when man wants to
divorce his wife, "then let him write her a bill of divorcement," the Rabbis conclude that a
get must be handwritten by scribe for the occasion. The document is written in aramaic as this was the vernacular during the
mishnaic and talmudic periods. Proper
witnesses must be present at the time of the writing of the document and at its delivery.
The get proceedings may roughly be broken down into the following nine steps:
(1) The parties appear before rabbi learned in the laws of divorce, a scribe, and two witnesses;
(2) The husband requests that the scribe write the get for his wife, which the scribe then proceeds to do using special quill pen;
(3) The husband declares that he is giving the get of his own free will, and similar declaration is made by the wife concerning its receipt;
(4) At this point, the get is then signed by the two witnesses;
(5) The parties are again questioned as to whether they are giving and accepting the get voluntarily.
(6) the husband takes the get and drops it directly into his wife' cupped hands, stating: "This is your get and accept this as your Get, you shall therewith be divorced from me, you are untied free and permitted to any man";
(7) She then places the get under her arm and symbolically leaves by turning and moving several steps away;
(8) the divorcé then returns and the get is taken from her by the officiating rabbi who tears the get crosswise; and
(9) finally, the divorced woman is given divorce Certificate to prove her divorced status, and the process is over.
From the Jewish religious standpoint, once husband issues his wife a get, it completely severs his marital relationship, even if they are not civilly divorced. This is rather simple process.
Regardless of one' personal convictions or practices, or one's affiliation, obtaining a
get is important. This simple procedure does more than just assure the couple that they will be free to remarry should they so desire. It also prevents tragic problem; a child born to a Jewish woman whose previous Jewish Marriage did not terminate with a
get may be considered illegitimate. Any Jew, whether observant or nonobservant, needs to share in the concern for Jewish unity and in providing their children with clean slate for the future.
Feel Free to contact our Staff on all your questions relating to GET [Jewish Religious divorce], Chalitza, Orthodox Conversions etc.
Our Beth Din arrange the Get process through National & International Orthodox Recognized Beth Din' [Batei Din].
call us at 1 718 782 3645 or 1 212 425 2242