Get (divorce document)
Encyclopedia
A is a divorce
document, which according to Jewish Law, must be presented by a husband to his wife to effect their divorce. The essential text of the is quite short: "You are hereby permitted to all men," i.e., the wife is no longer a married woman, and the laws of adultery
no longer apply. The also returns to the wife the legal rights which a husband holds in regard to his wife in a Jewish marriage
.
(mentioned in the talmud
ic dictionary Aruch HaShalem S.V. Get), it refers to the stone agate
which purportedly has some form of anti-magnetic property symbolizing the divorce. The Gaon of Vilna has mentioned that the Hebrew letters of Gimel and Tet of the word are the only letters of the Hebrew alphabet
that cannot make a word together, again symbolizing the divorce. Another possible explanation is that of Rabbi Baruch Epstein
who states that it comes from the Latin word gestus "action, gesture" which refers to any legal document. In fact in the Mishna, can refer to any legal document although it refers primarily to a divorce document. (Tosefet Beracha to Ki Tisa)
Rabbi Yechiel Yaakov Weinberg
posits that after the Bar Kochba revolt the Romans
decreed that all documents be processed in a Roman court (in order to weaken Jewish nationalism). The term get may have entered the vernacular language during this time.
Any deviation from these requirements invalidates the and the divorce procedure.
A must be given of the free will
of the husband; however, consent of the wife is not Biblically mandated (nevertheless, Ashkenazic tradition provides that a husband may not divorce his wife without her consent). A may not be given out of fear of any obligation either party undertook to fulfill in a separation agreement. Such an agreement may provide for matters such as custody of the children and their maintenance, and property settlement. But either party may withdraw from such an agreement, on the question of the dissolution of the marriage only, if they can satisfy the court of a genuine desire to restore matrimonial harmony. In such a situation all the recognised matrimonial obligations continue to apply. On the other hand, pecuniary conditions stipulated by the parties in the separation agreement would still be valid and enforceable, though the marriage state continues to exist.
. The court, if finding just cause, will require the husband to divorce his wife. Historically, a husband who refused the court's demand that he divorce his wife would be subjected to various penalties in order to pressure him into granting a divorce. Such penalties included excommunication, monetary punishments, and corporal punishment--including forcing the husband to spend the night at an unmarked grave (with the implication that it could become his grave). Today, however, rabbinical courts outside of Israel do not have sufficient power to enforce such penalties. This sometimes leads to a situation in which the husband makes demands of the court and of his wife, demanding a monetary settlement or other benefits, such as child custody, in exchange for the . Jewish feminists
have characterized such demands as "ransom."
Sometimes a man will completely refuse to grant a divorce. This leaves his wife with no possibility of remarriage within Orthodox Judaism
. Such a woman is called a mesorevet get (literally "refused a divorce"), if a court determined she is entitled to a divorce. Such a man who refuses to give his wife a is frequently spurned by the Orthodox
community, and excluded from communal religious activities. It is hoped that this pressure will encourage him to grant the divorce.
While it is widely assumed that the problem lies primarily in men refusing to grant the get to their wives and that it is a widespread issue, in Israel, figures released from the chief rabbinate show that men are equally victimized and that the numbers are a couple of hundred on each side. However, such a husband has the option of seeking a Heter meah rabbanim
, whilst no similar option exists for the wife.
which has precedence over the Jewish marital law.
On the other hand, if a civil divorce is obtained, there is still an obligation under Jewish law, for the Jewish divorce procedure outlined in this article to be followed: i.e., the husband would still need to deliver the to the wife and the wife to accept it. Otherwise, the couple may be divorced under the civil law ("the law of the land") while still be considered to be married under Jewish law, with all the consequences which follow from that status.
In 2001, New York Supreme Court Justice Gerald Garson was applauded by feminists for ordering an Orthodox Jewish man to pay his ex-wife $500-a-week for life, because the man refused to grant her a get.
(quite possibly what might now be diagnosed as paranoia
) who gave his wife a Get. As a Get can only be given by a "sane" individual, much analysis and debate ensued regarding how to classify this individual as well as the precise definition of insanity
in Halakha
.
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
document, which according to Jewish Law, must be presented by a husband to his wife to effect their divorce. The essential text of the is quite short: "You are hereby permitted to all men," i.e., the wife is no longer a married woman, and the laws of adultery
Adultery
Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
no longer apply. The also returns to the wife the legal rights which a husband holds in regard to his wife in a Jewish marriage
Jewish view of marriage
In Judaism, marriage is viewed as a contractual bond commanded by God in which a man and a woman come together to create a relationship in which God is directly involved. Though procreation is not the sole purpose, a Jewish marriage is also expected to fulfill the commandment to have children. The...
.
Etymology
The biblical term for the divorce document, described in , is "Sefer Keritut", . The origin of the word is unclear. According to Shiltei GiborimJoshua Boaz ben Simon Baruch
Joshua Boaz ben Simon Baruch , also known as the Shiltei Giborim after a work he authored, was a prominent Talmudist who lived at Sabbioneta, and later at Savigliano...
(mentioned in the talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
ic dictionary Aruch HaShalem S.V. Get), it refers to the stone agate
Agate
Agate is a microcrystalline variety of silica, chiefly chalcedony, characterised by its fineness of grain and brightness of color. Although agates may be found in various kinds of rock, they are classically associated with volcanic rocks and can be common in certain metamorphic rocks.-Etymology...
which purportedly has some form of anti-magnetic property symbolizing the divorce. The Gaon of Vilna has mentioned that the Hebrew letters of Gimel and Tet of the word are the only letters of the Hebrew alphabet
Hebrew alphabet
The Hebrew alphabet , known variously by scholars as the Jewish script, square script, block script, or more historically, the Assyrian script, is used in the writing of the Hebrew language, as well as other Jewish languages, most notably Yiddish, Ladino, and Judeo-Arabic. There have been two...
that cannot make a word together, again symbolizing the divorce. Another possible explanation is that of Rabbi Baruch Epstein
Baruch Epstein
Baruch Epstein or Baruch ha-Levi Epstein was a Lithuanian rabbi, best known for his Torah Temimah commentary on the Torah...
who states that it comes from the Latin word gestus "action, gesture" which refers to any legal document. In fact in the Mishna, can refer to any legal document although it refers primarily to a divorce document. (Tosefet Beracha to Ki Tisa)
Rabbi Yechiel Yaakov Weinberg
Yechiel Yaakov Weinberg
Rabbi Yechiel Yaakov Weinberg was a noted European Orthodox rabbi, posek and rosh yeshiva. He is best known as author of the work of responsa Seridei Eish....
posits that after the Bar Kochba revolt the Romans
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
decreed that all documents be processed in a Roman court (in order to weaken Jewish nationalism). The term get may have entered the vernacular language during this time.
Requirements
Halakha requires specific formalities for a to be considered valid.- A divorce document must be written; this is usually done by a professional religious scribe, a soferSofer (scribe)A Sofer, Sopher Sofer SeTaM, or Sofer ST"M is a Jewish scribe who can transcribe Torah scrolls and other religious writings such as those used in Tefillin and Mezuzot.By simple definition, a sofer is a copyist, but in their religious role in Judaism they...
. It must have been written on the explicit instruction and free-willed approval of the husband, with the specific intention that it is to be used by the man and for the specific woman. (It cannot be initially written with blanks to be filled in later.)
- It must be delivered to the wife, whose physical acceptance of the is required to complete and validate the divorce process.
- There are certain detailed requirements relating to the legal and religious nature of the itself. For example:
- It must be written on a fresh document, and there must be no possibility of cleanly erasing the text.
- It may not be written on anything which is attached to the ground (for instance, a fig leaf).
- The may not be pre-dated.
Any deviation from these requirements invalidates the and the divorce procedure.
A must be given of the free will
Free will
"To make my own decisions whether I am successful or not due to uncontrollable forces" -Troy MorrisonA pragmatic definition of free willFree will is the ability of agents to make choices free from certain kinds of constraints. The existence of free will and its exact nature and definition have long...
of the husband; however, consent of the wife is not Biblically mandated (nevertheless, Ashkenazic tradition provides that a husband may not divorce his wife without her consent). A may not be given out of fear of any obligation either party undertook to fulfill in a separation agreement. Such an agreement may provide for matters such as custody of the children and their maintenance, and property settlement. But either party may withdraw from such an agreement, on the question of the dissolution of the marriage only, if they can satisfy the court of a genuine desire to restore matrimonial harmony. In such a situation all the recognised matrimonial obligations continue to apply. On the other hand, pecuniary conditions stipulated by the parties in the separation agreement would still be valid and enforceable, though the marriage state continues to exist.
Refusal to provide a
The laws of gittin only provide for a divorce initiated by the husband. However, the wife has the right to sue for divorce in a rabbinical courtBeth din
A beth din, bet din, beit din or beis din is a rabbinical court of Judaism. In ancient times, it was the building block of the legal system in the Biblical Land of Israel...
. The court, if finding just cause, will require the husband to divorce his wife. Historically, a husband who refused the court's demand that he divorce his wife would be subjected to various penalties in order to pressure him into granting a divorce. Such penalties included excommunication, monetary punishments, and corporal punishment--including forcing the husband to spend the night at an unmarked grave (with the implication that it could become his grave). Today, however, rabbinical courts outside of Israel do not have sufficient power to enforce such penalties. This sometimes leads to a situation in which the husband makes demands of the court and of his wife, demanding a monetary settlement or other benefits, such as child custody, in exchange for the . Jewish feminists
Jewish Orthodox Feminist Alliance
The Jewish Orthodox Feminist Alliance was founded in 1997 with the aim of "expand[ing] the spiritual, ritual, intellectual, and political opportunities for women with the framework of halakha," or Jewish law...
have characterized such demands as "ransom."
Sometimes a man will completely refuse to grant a divorce. This leaves his wife with no possibility of remarriage within Orthodox Judaism
Orthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...
. Such a woman is called a mesorevet get (literally "refused a divorce"), if a court determined she is entitled to a divorce. Such a man who refuses to give his wife a is frequently spurned by the Orthodox
Orthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...
community, and excluded from communal religious activities. It is hoped that this pressure will encourage him to grant the divorce.
While it is widely assumed that the problem lies primarily in men refusing to grant the get to their wives and that it is a widespread issue, in Israel, figures released from the chief rabbinate show that men are equally victimized and that the numbers are a couple of hundred on each side. However, such a husband has the option of seeking a Heter meah rabbanim
Heter meah rabbanim
Heter meah rabbanim is a term in Jewish law which means that one hundred Rabbis agree with a Rabbinical court that a particular situation warrants an exemption to permit a man to remarry even though his wife refuses or is unable to accept a get .In about 1000 C.E...
, whilst no similar option exists for the wife.
Get conflict
The rules governing the are subject to the civil law of the countryCivil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
which has precedence over the Jewish marital law.
On the other hand, if a civil divorce is obtained, there is still an obligation under Jewish law, for the Jewish divorce procedure outlined in this article to be followed: i.e., the husband would still need to deliver the to the wife and the wife to accept it. Otherwise, the couple may be divorced under the civil law ("the law of the land") while still be considered to be married under Jewish law, with all the consequences which follow from that status.
New York laws
- 1983 Get Law : Domestic Relations Law §253
- 1992 Get Law : DRL §236 (B)(5)(h) and DRL §236 (B)(6)(d)
In 2001, New York Supreme Court Justice Gerald Garson was applauded by feminists for ordering an Orthodox Jewish man to pay his ex-wife $500-a-week for life, because the man refused to grant her a get.
In history
One of the most contentious gitin in history was probably the "Get of Cleves" of the late 18th century, which caused a rift between several rabbinic courts in Western Europe. The case involved a husband who at times exhibited signs of mental illnessMental illness
A mental disorder or mental illness is a psychological or behavioral pattern generally associated with subjective distress or disability that occurs in an individual, and which is not a part of normal development or culture. Such a disorder may consist of a combination of affective, behavioural,...
(quite possibly what might now be diagnosed as paranoia
Paranoia
Paranoia [] is a thought process believed to be heavily influenced by anxiety or fear, often to the point of irrationality and delusion. Paranoid thinking typically includes persecutory beliefs, or beliefs of conspiracy concerning a perceived threat towards oneself...
) who gave his wife a Get. As a Get can only be given by a "sane" individual, much analysis and debate ensued regarding how to classify this individual as well as the precise definition of insanity
Insanity
Insanity, craziness or madness is a spectrum of behaviors characterized by certain abnormal mental or behavioral patterns. Insanity may manifest as violations of societal norms, including becoming a danger to themselves and others, though not all such acts are considered insanity...
in Halakha
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
.
In popular culture
- Krich, Rochelle Majer Till Death Do Us Part (1992) ISBN 0-380-76533-0
- In the The SopranosThe SopranosThe Sopranos is an American television drama series created by David Chase that revolves around the New Jersey-based Italian-American mobster Tony Soprano and the difficulties he faces as he tries to balance the often conflicting requirements of his home life and the criminal organization he heads...
episode "Denial, Anger, Acceptance", Tony is hired for the purpose of convincing a stubborn Orthodox Jewish man to give a get to the man's wife. - A Serious ManA Serious ManA Serious Man is a 2009 dark comedy written, produced, and directed by Joel and Ethan Coen. The film stars Michael Stuhlbarg as a Minnesota Jewish man whose life crumbles both professionally and personally, leading to questions about his faith...
, the 2009 Coen BrothersCoen BrothersJoel David Coen and Ethan Jesse Coen known together professionally as the Coen brothers, are American filmmakers...
film, utilizes the get as a recurring plot devicePlot deviceA plot device is an object or character in a story whose sole purpose is to advance the plot of the story, or alternatively to overcome some difficulty in the plot....
.
See also
- AnnulmentAnnulmentAnnulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place...
- Annulment (Catholic Church)Annulment (Catholic Church)In the Roman Catholic Church an annulment is the procedure, governed by the Church's Canon Law and the Catechism, whereby an ecclesial tribunal determines the sacrament of marriage was invalidly entered into. An annulment determines the Catholic marriage to be void at its inception...
- DivorceDivorceDivorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
- TalaqDivorce (Islamic)In Islam there are separate rules for divorce for men and women under the terms of Islamic law . When a man has initiated a divorce the procedure is called . When a woman has initiated a divorce it is called khula ....
- Islamic divorce