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Marriage agreement

שו”תCategory: HalachaMarriage agreement
asked 6 years ago

peace
What do you think about the marriage contract (“authorization to grant a divorce”) of the “Women’s Justice Center” for couples who are already married. Can the bill actually solve the problem of aginot (not refusal of a divorce) from a halakhic perspective? It should also be taken into account that the courts in Israel will not even consider this when necessary.
Additionally, is there a halachic way for couples who are already married to create a situation that will prevent future refusal of a divorce, or is this only possible by stipulating a condition before the consecration?
 

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מיכי Staff answered 6 years ago

I haven’t looked into the details, but in principle, I think this is a valid method. It’s true that in practice, courts probably won’t use it, although in difficult cases they use unconventional methods and I wouldn’t rule out that possibility.
In couples who are already married, I haven’t thought about it until now, but from the looks of it, it seems to me that they can grant a conditional divorce. On the surface, it seems even easier and simpler to me than a condition in a kiddushin. There are of course various details (for example, that there will be no worldly condition, etc.) that need to be verified. But the principle seems to me to be absolutely possible on the surface.

דור replied 6 years ago

Can you please expand a little more on the solution of a conditional divorce? And is it something that is sufficient to be done in the presence of the couple alone?

מיכי Staff replied 6 years ago

As I wrote, I have now brought this up from a pile. I have not given it enough thought to determine something clear and outline the solution in full. In general, arranging a divorce is not a simple matter, and it must be arranged in a bib. The members of the clan alone cannot do this. Although, in my opinion, the bib of the rabbinate would not agree to do this.

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