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- Title
'With Righteousness and with Justice': To Create Equitable Jewish Divorce, Create Equitable Jewish Marriage.
- Abstract
Kidushin-betrothal-the central legal act that creates a binding relationship between a Jewish man and a Jewish woman, is ritually and legally a unilateral act, performed by the male participant, and the inequity of Jewish divorce law (the getprocess) is a function and mirror of this imbalance. In this article, I will consider and provide a halakhic analysis of the following questions: Can kidushinbe reformed to become an egalitarian, or more egalitarian, process? Could we, from within the current halakhic structure, address and change the unilateral nature of kidushinand its undoing-divorce? If that is not possible, could Jewish law provide for, or at least accommodate, alternative means of marriage and divorce that sidestep kidushin? If so, what mechanisms might we find within the traditional legal sources for structuring an egalitarian marital commitment between two persons and for undoing such a commitment? What kind of ceremony would create such a commitment, and how would such marriage be terminated? I will survey a number of proposals, encountered in my research or through personal connections, that I believe offer plausible alternatives to kidushinand get, from both a legal and a ritual point of view.
- Subjects
JEWISH marriage customs &; rites; DIVORCE; POLYGAMY; SEXUAL intercourse; EQUALITY
- Publication
Nashim: A Journal of Jewish Women's Studies & Gender Issues, 2017, Issue 31, p91
- ISSN
0793-8934
- Publication type
Article
- DOI
10.2979/nashim.31.1.05