This post has been translated from Hebrew to English by Bracha Jaffe.
Shabbat afternoon between the afternoon and evening prayers is a prime time in the life of a community. Some people attend a halakha or daf yomi shiur (class) while others opt to take an afternoon walk, snooze in the pews, or read a chapter in their current novel of choice. Two weeks ago at the Hebrew Institute of Riverdale (HIR) – The Bayit — I introduced something completely new and different.
A week before the traditional Purim shpiel (play) was set to take the stage, the Hebrew Institute of Riverdale turned the synagogue into a theater for a wholly other purpose… a mock trial!
During “prime time,” a group of congregants staged a mock trial to examine the efficacy of the halakhic prenuptial agreement in a court of law. John and Jane Doe had signed a prenup before their wedding, but unfortunately their relationship deteriorated after the wedding. Jane requested an end to the marriage, and that is how they found themselves in court. Jane’s lawyer presented the arguments in favor of using the prenuptial agreement to honor Jane’s request, showing why it should be upheld — that both parties signed of sound mind and understanding the implications of the agreement, and that the financial responsibility assessed therein did not constitute a coercion to give the get. On the other side, John’s lawyer argued against upholding the prenuptial agreement, suggesting that the couple did not truly understand what they were signing, and that they were not really given a choice. John’s lawyer also argued that the financial assessment constituted a fine and a pressure that created a “forced get,” making the prenup halakhically problematic.
The court’s verdict — by a ruling of two judges against one — was that the prenuptial agreement is actionable and binding upon both parties. Thus, the court ordered that John begin to pay Jane $150 per day retroactive to their time of their separation a few months earlier. The judge who objected to the prenup taught us about another solution which has yet to be applied in the Orthodox world, conditional kiddushin, which automatically cancels the marriage if and when the necessary conditions of marriage are no longer being met.
Today’s world is not what it once was. Women vote. Women learn Torah. Women are even ordained to be rabbis. But there are still women who are chained to their husbands and victims of “get refusal.” The Orthodox world has yet to find a solution to the asymmetry in the giving and receiving of the get between husband and wife. There are still those in the Orthodox world who see the get as a bargaining chip and use it as a bullying tactic against the other side.
One approach to eradicating this very painful phenomenon of agunot is signing halakhic prenuptial agreements. The couple signs the prenup before, or on, the wedding day, when their feelings of love are very strong. The prenup capitalizes on this prime moment when positive, cooperative feelings are strongest, and introduces and makes explicit the understanding that if (God forbid) this love should end, the recorded memory of good intentions will allow the couple to separate in an honorable and respectful manner.
HIR has planned a post-nup party to be held on Sunday, March 30. Every married member of the congregation has received an invitation and the goal is for all married members of the synagogue to participate. Anyone who did not sign a prenup before their wedding will be able to sign a reciprocal postnup in its place. Single congregants and married couples who have signed a prenup are encouraged to attend to partake in the celebration and show their support for this practice. By seeking one hundred percent participation, we aim to make prenuptial agreements an accepted part of the Jewish marriage ceremony in our synagogue and beyond.
My fervent hope is that the upcoming postnup party will allow all synagogue members to play an active role in this movement to end the use of the get as an aggressive and combative halakhic tool. Further, I hope that other synagogues will (as some around the country already have) host such events to encourage the signing of the postnup, and will take steps to educate and empower all of their members to sign either a prenup or a postnup. May we see the day where this critical action step joins with others to bring an end to the problem of agunot in our community.
I want to especially thank Rabanit Michal Tickotchinski who was part of a mock trial in Israel and encouraged us to try this at The Bayit, and of course, all of the actors, members of HIR, who performed with passion and brilliance:
- James Lapin (John Doe)
- Ann Lapin (Jane Doe)
- Mia Padwa (Jane’s lawyer)
- Elliot Rabin (John’s lawyer)
- Rabba Sara Hurwitz, Rabbi Jeff Fox, Ariel Freidenberg JD (the judges)