ContractsProf Blog

Editor: D. A. Jeremy Telman
Valparaiso Univ. Law School

A Member of the Law Professor Blogs Network

Tuesday, March 20, 2012

Solution to the Problem of Men Who Are Hard to Get: A Beth Din Approved Pre-Nup

ChuppahDon't know what a Get is?  We recommend The Sopranos: Season 1, Episode 3.  Or you could read this report in Saturday's New York Times.  Basically, a Get is a document that effects the religious divorce of a Jewish married couple.  Even though a couple might be legally divorced, the woman needs the Get before she can marry again in the Jewish faith.  Some observant Jews would consider illegitimate the children of a woman who remarries without a Get.

The problem: some men are hard to Get.  They don't want to be married, but they seek to extract money from the wife or her family in order to agree to the Get.  That's where Tony Soprano comes in.  But the wise guy solution is not always practical, as the Times notes by referencing this criminal complait from New Jersey.  It turns out that paying someone to kidnap and assault your ex-husband is a criminal act.  

The solution: according to the Times, the Beth Din of America, a leading orthoox Jewish adjudicatory body, has created a pre-nuptial agreement that is consistent with Jewish law (halakhah).  Among other things, this kosher pre-nup provides that the husband will pay $150 (adjusted for inflation) for every day during which the couple is separated but not religiously divorced.  The effect is to force the husband to support the wife until he agrees to give her a Get.

According to the Times, about 70% of rabbis now either require or encourage the parties to sign the Halakhic pre-nup before stepping under the chuppah (pictured).  A new documentary, "Women Unchained" explores the topic in further detail.

[JT]

http://lawprofessors.typepad.com/contractsprof_blog/2012/03/solution-to-the-problem-of-men-who-are-hard-to-get-a-beth-din-approved-pre-nup.html

In the News, Religion | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef0168e8ea4f4b970c

Listed below are links to weblogs that reference Solution to the Problem of Men Who Are Hard to Get: A Beth Din Approved Pre-Nup:

Comments

I once read that Maimonides (I think) once opined that it was permissible to beat a husband until he consented to a Get. His reasoning: The husband really wanted to give the Get but was prevented from doing so by an evil presence. By beating the husband the evil presence would flee thus permitting the husband to give the Get.

Can anyone confirm the source?

Posted by: A Furlong | Mar 20, 2012 6:27:08 PM

Post a comment