Jewish Divorce In The International Arena

Jewish law, like other religious laws, commands universal application to all Jews. Had all states chosen religious law to apply to marriage and divorce, limping marriages and divorces would have been restricted to persons who are regarded as belonging to several religions (decided from the point of view of that religion), or to none. This would have also been the case had all persons, regardless of the civil law applicable to such matters, adhered to religious laws. However, as long as some states, e.g., Israel, apply religious law to personal status, whereas others apply civil law, limping personal status poses a very real problem.1 Such conflicts befall also Jews who regard themselves bound not only by the civil laws of their state of habitual residence, but also, by autonomous choice, by Jewish law precepts. The modern, relatively free movement of persons in the international arena has created an urgent need for harmonization of personal status under civil and religious laws. A Jewish couple, married and domiciled in Israel, may move to a country which recognizes only civil divorces. Following an irretrievable marriage breakdown, one spouse sues for divorce and has the marriage dissolved by the civil court. Civil divorce is not recognized by Jewish law. Should the wife return to Israel she would remain agunah, i.e., anchored or chained to her husband until a Jewish divorce is effected. Any children that she may have as a result of her relations with another Jewish man would be considered mamzerim, bastards according to Jewish law, unable to marry a Jew, unless the intended spouse is a mamzer too, or a proselyte. The paper first explains the Jewish law rules regarding divorce and their application in Israel. An analysis will follow of the response of Jewish law to the problems of limping personal status. Although it is in the first place the responsibility of the rabbinical authorities to help the members of their religious community, it is arguable that Western Civilization, by separating State from Religion, has deprived religious authorities of the power they had previously to deal with such situations. Indeed, the civil courts of many states found ways to mitigate the suffering of chained spouses, mostly wives but occasionally some husbands. Some states have even responded with helpful legislation.

Private Law in the International Arena analyzes a wide variety of effects that cross-border activities have on the operation of private law, ranging from corporate and insolvency law to labor law, property law, the law of obligations, family law, European law and lex mercatoria. Civil procedure aspects, in national courts and arbitration proceedings, are also explored. This book provides a unique source of insights into the problems encountered and their possible solutions. All contributions have been written in honor of an eminent Private International Law scholar, Prof. Dr Kurt Siehr.

One of the most vexing problems to confront American Orthodox Jewry is where a wife is abandoned by her husband who refuses to give her a Jewish divorce. This work seeks to explain the agunah problem in the United States. It notes that the contemporary agunah problem in America is radically different than that of contemporary Israel and completely different than the talmudic agunah problem. The thesis of this book is that the agunah problem in contemporary America is part of a more general dispute in classical Jewish law as to when marriage should end. Thus, this book surveys how Jewish law seeks to respond to the consent of the other party or without a finding of fault. It concludes by noting that prenuptial agreements can successfully address the agunah problem in the United States since they provide a way for couples to create an image of marriage and divorce by which they can agree to live. Michael J. Broyde is an Associate Professor of Law at Emory University and the Academic Director of Law and Religion Program at Emory University. He is a member (dayan) in the Beth Din of America and was the director of that Beth Din while on sabbatical from Emory. In addition, he is the founding rabbi of the Young Israel synagogue in Atlanta. Professor Broyde is the author of The Pursuit of Justice in Jewish Law and co-author of Human Rights in Judaism.--Amazon.com.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Israel. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Israel. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.

A comprehensive look at how rabbinical courts control Israeli marriage and divorce

Rev. ed. of: Women and Jewish divorce. 1989.

Index. Bibliography: p. 185-190.