First Nationwide Count Of Agunot Launched

The survey, she added, presupposes that the Orthodox rabbinic community will not to make it easier for women to procure a get. "This takes the problem out of the halachic box."

The chains that bind
Survey seeks to paint fuller portrait of agunot
by Richard Greenberg • Washington Jewish Week

Her marriage of 18 years was marked by severe spousal abuse and ended in 2005 with a civil divorce.

But in the eyes of rabbinic authorities, the 44-year-old former Silver Spring woman remains married because her husband has refused to grant her a Jewish divorce by giving her a document called a get.

Known as an agunah, or a chained woman, she has been unable to start a new life and has suffered financially and emotionally as a result, and so have her five children.

"It definitely takes a toll," said the Baltimore-area resident, who asked not to be named for fear of possible repercussions. "He [her husband] used to have control over the household, and now the only control he has left is deciding whether or not I have my freedom."

Agunot, such as this woman, are the focus of an unprecedented information-gathering campaign spearheaded by Silver Spring resident Barbara Zakheim, founder of the Jewish Coalition Against Domestic Abuse of Greater Washington.

The effort -- believed to be the first U.S. national survey of agunot -- aims to illustrate the nature of the problem, its prevalence and what communal organizations and other institutions can do to better assist these women, said Zakheim.

The survey, she added, presupposes that the Orthodox rabbinic community will not to make it easier for women to procure a get. "This takes the problem out of the halachic box," said Zakheim, using the term that refers to Jewish law.

The survey, which is scheduled to go out this week, seeks to paint a fuller picture of agunot by inquiring about such matters as their overall numbers, finances, number of children, existing support network, relationship with rabbis on the rabbinic court, unmet needs of various kinds and how long they've been chained.

Questionnaires will not be sent directly to agunot, but rather to about 60 nonrabbinic organizations throughout North America that likely have dealt with these women and/or other victims of domestic abuse in the past five years.

Other organizations collaborating on the project include Jewish Women International, the Jewish Orthodox Feminist Alliance, the Organization for the Resolution of Agunot and the Orthodox Union.

Deborah Rosenbloom, JWI's director of programs, said she hopes the survey results will help spur rabbinic courts to action. "This has been dragging on and on and it seems that the rabbis will not respond in any effective manner until they see the extent of the problem," she said. "Their actions have been totally irresponsible."

Rosenbloom is concerned, however, that the survey may undercount the number of agunot because it is unlikely to reach women who have not contacted an organization for help.

Survey information will be gathered, processed and compiled into a report by The Mellman Group, a D.C.-based national polling research firm. A spokesperson for the organization was unable to estimate when the report will be issued. He said the turnaround time for the project will depend largely on when the completed surveys are turned in.

Comments

[Yochanan]

If the descirption in the article is accurate, the survey will, unfortunately, be of very limited usefulness.

The extent of the problem can only be determined after clear definition of what makes one an aguna. If there is no clear definition for purposes of the sample, and it sounds like there isn't, the survey results will just be grist for, you guessed it, more unfortunate arguing about the extent of the problem.

Chaval.

[chaim1]

I would have thought that was obvious.
anyone who has had a civil divorce but not a get.

[unbelievable]

To chaim1

There are women who didnt get their way in bes din and they got a civil divorce, that would be invalid according to jewish law and she wouldnt be granted a get from her husband according to jewish law. Let say, she demands the husband never see the children again or wants his money and she didnt wanna take a get only on her circumstances, i wouldnt call her an agunah. i would call her a lady that has her issues of winning the fight. Im not defending men, im just saying that its not obvious what is called an agunah. In gmurha terms an agunha is called sombody thats chained to her husband, either by not knowing if the husbaond died, or her husbond ran away from her, which BTW it used to happen very often in olden times(today too but not as often)however today to call a women an agunah for a husband which does not wanna grant a get to his wife is very hard to say always depending on the circumstaces.

[Garnel Ironheart]

Not to belittle the suffering that genuine agunot go through but why is there never any mention about aguns?
According to the same ruling of Rabbeinu Gershom that banned polygamy, women can refuse to receive a get and therefore keep a man locked into the marriage against his will.
Why do we never hear about them?

[Zalman Alpert]

Firstly even 1 single women without a get may be a tragedy.It does not matter if its 2 or 100.
Next we need to define a AGUNAH.
In the classic manner an AGUNAH was a women whose husband went AWOL without a get.This was an Agunah. A woman in Vilna who knew her husband was living in Smargon was not an Agunah. She was someone with serious issues .
Most so called contemporary Agunoth know exactly where their "husbands" are and who they spend time with.
Many of our Agunoth are victims of husbands who are cruel and wicked. Other women themselves have used the full power of the secular law against their husbands and then after taking them to the cleaners and getting the IRS involved turn around and ask their husbands to be nice to them and grant them a get , why should a husband whose wife has used the secular courts to deny visitation or limit it and to get the maximum support through reporting her husbands income off the books be given a get by this person.After all even a man is entitled to his feelings .If a wife gets the IRS involved its usually Messirah and that is as much against Halachas as not granting a get(frankly messirah is one of the worst crimes in jewish life and in East Europe, Spain etc was punishable by ...) Let one of the people out there tell me why should a man give such a woman a get, does halacha even require him to give sucha wife a get ? ?
Finally more than 1 so called Aguna refuses to accept a get unless its done under conditions she and her family desire. So this survey while interesting is not going to offer any cnclusive answers.
I must repeat I do believe there are some legit agunoth, but each case merits investigation before the husband is hung out to dry... We live in a society where feminism is kingor queen , I suggest an objective treatment of this issue.

[chaim1]

to ironside.
A man does not have a problem. He can marry again without giving a get.
To the non-believer.
If they have been to court to obtain a civil divorce and abide by the court rulings which are usually fair ( more than beth din!) then the man should also give a get. He has no excuse not to and that is what I would term an aguna today.
Used secular courts to deny visitation. Not sure what you mean, there is no Jewish right of visitation that i am aware of. And if they deny it they must have good reason.

[chicago sam]

The agunah issue is one of many reasons why the Orthodox lifestyle is totally corrupt, not to mention--anachronistic. If the Catholics can use annulment, why can't the stupid Haredi rabbis--especially since annulment is permitted in the Halacha itself?

I have known women who have been through this ordeal, and thankfully, now they have abandoned Orthodoxy altogether--thanks to the Haredi and Orthodox rabbinic geeks, who would probably be much happier living in the 8th century--in a backward patriarchal era where they truly belong.

[IH]

Interesting how the "experts" here about who is legitimately an Aguna are men.

סייג לחוכמה שתיקה

[Abracadabra]

The RCA didn't ask me, but I have an idea.

My idea is based upon my understanding of what used to be done in ancient times. I remember learning that in the days of Dovid Hamelech men would give their wives gitten (gets) before going to fight in battle/war. The reason was to prevent the women from becoming agunos in case the men were taken hostage in battle, or sold into slavery by the enemy, never to be seen or heard from again. I learned this in relation to it being the reason that Batsheva, who Dovid Hamelech had a relationship with, was not an Isha Sotah, and Shlomo was not a mamzer (an illegitimate child) - because Batsheva's husband gave her a get before going to battle/war. (And therefore Dovid's relationship with her was not halachically problematic, even if it was ethically so.)

My idea is that all Jewish marriages should be valid for only 7 seven years and after that it is automatically null and void. Every kesuba would be written with this additional clause in it. Then, when marriages are good, a couple need only schedule a "kesuba renewal" for the night that their 7 years are up. The "new" marriage would again only be valid for 7 years. (If couples have long, happy marriages, they can celebrate every 21 years or every 42 years, etc. And provide yet another means of livelihood for kosher caterers!) If a couple is having issues, the LONGEST time a man OR woman could withhold a get from their spouse is for 6 years and 364 days.

This would also be a source of income for the rabbis since rabbonim will have to perform the "kesuba renewals" and "new marriages" for many couples around the year. Of course the "new marriages" would not need elaborate wedding ceremonies - just a bare-bones beis din, kesuba, and all the halachic legal stuff. (Call it a shot-glass-wedding.) (Oiy, sorry...)

The number 7 is a number synonymous with rest and respite related themes like Shabbos, Shmitta, and other 7-year things in Torah (a Jewish slave is freed, or ear-pierced, etc.).

The other idea is to have EVERYONE's kesuba only be valid until a single specific date during the Shmitta year, at which time it then becomes null and void. Then there could be a new holiday during the Shmitta year - when those who were previously "chained" are now free - and when those who are happily married (or those staying together for the kids) all line up in their local neighborhood shul for their new kesubos and other halachic legal stuff. There will be big happy seudos mitzvah and the biggest problems will be the seating arrangements. (It can be a day in Cheshvan every Shmitta year, so that we can stop calling the month "Mar Cheshvan" and change it to "Simchas Cheshvan" instead!)

[chaim1]

Without going into detail one cannot put a time limit on marriage.
One can give a get with conditions though which was done in David's time.
I am not sure what the kesuba has to do with it.

[IH]

The RCA solution is well known and implemented in Modern Orthodox weddings:

http://www.rabbis.org/news/article.cfm?id=100790

Incidentally, this solution was pioneered by the Conservative movement and then eventually adapted by the RCA.

Sadly, neither helped the Modern Orthodox Aguna whom I know, married in the early 1960s, whose (now 70-something year old) halachic husband I still regularly see picking things out of garbage cans in a highly Jewish neighborhood.

[Mikal W. Grass]

From what I remember, King David send Batsheva's husband to battle, while he, King David, coveted the guy's wife. Had Batsheva's husband refused to enter into battle, his crime would have been punishable by death (disobeying the king). Likewise, he could have been killed in battle. The guy was in a no-win situation and was probably resigned to his fate.

Lost in all of this was Batsheva's voice. What did she think of the entire ordeal? Nothing from her perspective, except from a bunch of men who postulated how she felt.

Listen, nobody knows for sure if the soldiers gave their wives gets prior to entering into battle. The Rabbis could have postulated that, after the fact, to make King David look better than he really was. After all, he is the poster boy for redemption in Judaism, isn't he?

The guy had blood on his hands, and was dealt with accordingly by HaShem. He was hardly a paragon of virtue and his conduct was halachically problematic. It was a nasty sordid affair, and is a stain on Judaism.

Simply put, if a guy doesn't want to give a get, the community should make his life miserable. If a man thinks his wife is a cold fish or a shrew, what better reason to give her a get to get her out of his life. Most guys who refuse to give gets do so because they want a chunk of change, the marital residence, property, etc.

The guys who refuse to give gets and who are diddling women other than their wives, probably don't want to give gets, because they don't want pressure from the other woman to get married.