While many Orthodox Rabbis in the United States have insisted couples sign a prenuptial agreement, this is far from a common practice in Israel today. In fact, many prominent rabbonim are adamantly opposed.
A bill endorsed by the Justice Ministry addresses the issues of divorce and agunos, and seeks to compel marrying couples to sign a prenuptial agreement, which is not in line with the position of many Gedolei Torah in Eretz Yisrael. The fear is that such an agreement may result in a”גט מעושה” in cases of divorce and while a prenuptial is accepted in many frum communities abroad, the concept is more problematic in Israel.
If the bill becomes law a couple registering with the Chief Rabbinate of Israel to get married will have to sign a prenuptial, either the standard form which is being written by the Ministry of Justice, or the couple will be permitted to use one with a format they have selected.
In the interim, Justice Minister Tzipi Livni’s office is working on a draft of the bill which appears to be moving between a number of government ministries. Chief Ashkenazi Rabbi of Israel Rabbi David Lau has spoken out harshly against the bill, which he fears will led to problematic writs of divorce.
The chief rabbi expressed disappointment over the ministry’s decision to preempt. It appears he explained the matter will be addressed by the rabbonim in the Chief Rabbinate Council to permit them to address the significant Halachic issues but the ministry has decided to act independently of the Rabbanut.
(YWN – Israel Desk, Jerusalem)
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13 Responses
The Kesubah is a prenuptial agreement. The problem is not in the agreement but in the inability or unwillingness of courts to enforce it by requiring a husband to give a “get” at the end of a marriage (while also allowing the husband to stop supporting the wife).
My suggestion is to allow the wife to run up debts which the husband will be solely liable for – until he writes the “get.” In cases where the issue is the husband wants money, the prospect of the wife disposing of all his early possessions and seizing all his income will prove very effective. And after all, he did agree to support her up until the point that he gives her a “get”.
Rav Eliashev paskened that an RCA type prenup results in a future Get being a Get Me’usa and the wife remains married. If she later “remarries” after such a get me’usa, her future children are mamzeirim as she was still an eishes ish.
akuperma: A husband has no obligation to give a Get simply because his wife wants one. Of course he must still offer to support her. He can do so by making sure she is welcome in his home and his home has all the food she needs.
As far as debts the wife runs up, Shulchan Aruch is very clear that the halacha is that a husband — even in a great marriage — is not responsible for his wife’s debts.
One should never,ever pasken from a blog or a website-so no one should give any definitive conclusions. I will point out that the pre-nuptial agreements in the US have been found to be fully valid and in accordance with halacha. Whatever psak was given by Israeli Poskin (a la Torat Moshe) were based on erroneous information as far as the actual document. Some of these Poskim retracted their opposition later.
Chachom: your comments are incomplete. There are plenty of instances where the halacha obligates,even forces, him to give a get.
berlin (#4): The RCA prenups have been ruled invalid across the entire spectrum of Ashkenazic and Sephardic Chareidi Rabbonim and Gedolim. To wit, Rav Eliashev paskened that they cause Get Me’usa, resulting in a wife remaining married after a RCA-prenup inspired Get. She remains an eishes ish and if she remarries future children are mamzeirim. This psak was accepted, adopted with all relevant information and remains valid and upheld right now. Thus, the entire spectrum of the Ashkenazic and Sephardic Chareidi worlds — in America, the rest of Chutz L’aaretz and in Eretz Yisroel — do not Chas V’Shalom use these prenups.
Chachom (#3) is correct. There are some very rare cases, of course, where force is permitted. But in general, the default halacha is that a husnand must desire to give a divorce. If the husband does not wish to give a divorce he does not have to give a divorce, barring special and rare extenuating circumstances.
R’ Zalman Nechemiah Goldberg is in favor of prenups.
“My suggestion is to allow the wife to run up debts which the husband will be solely liable for”
That is very similar to what the prenup does.
“Rav Eliashev paskened that an RCA type prenup results in a future Get being a Get Me’usa and the wife remains married. If she later “remarries” after such a get me’usa, her future children are mamzeirim as she was still an eishes ish.”
He was a daat yachid on that and WADR his position can be ignored, as the halachah is that we are always meikel on mamzerim, pulling out every possible halachic trick to solve mamzer problems.
“A husband has no obligation to give a Get simply because his wife wants one.”
True, but if he doesn’t want to be married is is a chiyuv for him to give a get and the beit din can coerce him to do so.
“There are plenty of instances where the halacha obligates,even forces, him to give a get.”
Correct, and in such cases the get is not a coerced get in spite of the coercion from beit din.
Charlie:
Which Rabbi who is close to Rav Elyashiv’s stature has paskened that his psak can be ignored?
“Which Rabbi who is close to Rav Elyashiv’s stature has paskened that his psak can be ignored?”
You tell me! See this halachic opinion right here on YeshivaWorldNews that has been almost completely ignored:
http://www.theyeshivaworld.com/news/general/25413/harsh-words-against-sheitels.html
(This is not to imply chas v’shalom that Rav Elyashiv was not one of the greatest torah scholars of multiple generations. He is one of the very few recent charedi poskim whom I hear mentioned on a regular basis in modern orthodox halachic shiurim. But it does not diminish him to point out the fact that he was the posek only for a part of the Ashkenazic charedim in the Lithuanian tradition, and that even there his opinions were not always accepted, such as in the wig example. And on the issue of prenups he appears to be a daat yachid.)
” ruled invalid across the entire spectrum of Ashkenazic and Sephardic Chareidi Rabbonim and Gedolim”
Rabbi Ovadia Yosef z’tz’l endorsed them.
” ruled invalid across the entire spectrum of Ashkenazic and Sephardic Chareidi Rabbonim and Gedolim”
Rabbi Osher Weiss endorsed them.
Almost the enitre spectrum of Chareidi rabbonim in both chutz and E”Y accept, endorse and second Rav Eliashev’s psak against the prenup. Which is why that prenup is almost unheard of at Chareidi weddings.