With nationwide efforts to persuade young couples to sign a pre-nuptial agreement before a chasenah, Rabbi Shlomo Aviner Shlita released a statement that the position of the Chief Rabbinate of Israel on the matter has not changed for the past 30 years. Rav Aviner explains “the proposal is tantamount to throwing sand in ones’ eyes regarding the sanctity of the institution of marriage in Am Yisrael”.
Rav Aviner is among the rabbonim who reject the pre-nup, which he feels has been taken from the goyim. He explains there are numerous issues surrounding the pre-nup, including;
1. The fact the bill of divorce may be a גט מעושה
2. The case must be adjudicated by a beis din, not a secular court
3. This is not a matter for one rabbi or another but fore gedolei hador and to date, no gadol hador has come out supporting such an agreement.
4. It remains doubtful as to how much this assists from a legal standpoint.
In addition, he cites a letter from Eida Chareidis Ravaad HaGaon HaRav Moshe Sternbuch Shlita to Rav Pinchas Shapira Shlita of Betar Illit.
“ונוגע לתקלה חמורה ביסוד קדושת האישות בישראל. יסוד דבריו שמתפשט תקנה מכמה רבנים, שכל המתחתן מתחייב בשטר מעכשיו, לשלם לאשתו אלף וחמש מאות דולר כל חודש, אם רוצה ליפרד ולא נתן הגט, וכן היא לו. נראה שאין בזה תוקף ונקרא גט מעושה ולא חל כלל הגט והיא עוד אשת איש”.
Rav Sternbuch explains the conditions of the pre-nup result in a גט מעושה. Also signed on to the letter are:
HaGaon HaRav Shlomo Machpud Shlita (Badatz Yoreh Deah), HaGaon HaRav Shimon Elituv Shlita (Chief Rabbinate Council), and HaGaon HaRav Nachum Einstein Shlita (Mora D’asra of Maalot Daphne). It is also added that Maran HaGaon HaRav Sholom Elyashiv ZT”L was against a pre-nuptial agreement.
The rav explains the agreement prompted by the Na’amat organization stipulates a husband can be compelled to give a divorce in contradiction to Halacha. It is added the agreement’s formula for alimony “has no basis in Halacha and at times is in direct contradiction to Halacha”.
Hence, Rav Aviner feels that in light of the fact that Gedolei Yisrael and the Chief Rabbinate of Israel remain strongly opposed, a rav registered by the Chief Rabbinate to conduct a chupah or attorneys involved should not lend a hand to using such agreements. The same holds true regarding a beis din assisting in any fashion to compel a bill of divorce contrary to Halacha.
The rav feels anyone getting married must be alerted to the severity of a pre-nuptial agreement and the persons involved should not sign such an agreement under any circumstances.
(YWN – Israel Desk, Jerusalem)
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8 Responses
Rav Yosef Shalom Elyashev ruled the prenup causes a גט מעושה. See his teshuva in Kovetz Teshuvos vol. 1 #174.
http://www.theyeshivaworld.com/coffeeroom/topic/halachik-pre-nup
http://www.theyeshivaworld.com/coffeeroom/topic/do-mo-believe-in-non-strawman-daas-torah
http://www.theyeshivaworld.com/coffeeroom/topic/men-withholding-a-get
The correct teshuva from Rav Elyashev prohibiting the prenup because it can cause a גט מעושה and other halachic violations, is קובץ תשובות ח”ב סקס”ג.
A kesubah is a pre-marital agreement. What they are opposed to is an pre-marital agreement instead of, or conflicting with the terms, of the kesubah.
Of course, if the secular Jews were to enter into an agreement stating they were not marrying according to “Daas Moshe ve-Yisrael” (which would reflect their intentions) it would preclude creating a class of “safek mamzerim” since it is virtually impossible for an unmarried woman to give birth to a mamzer.
An ANC can have significant tax benefits. E.g. each side comes into marriage with an apartment, then with an ANC each can sell “their” apartment tax free in Israel. Are the gedolim opposed to an ANC for this purpose ?
there are many rabanim who do approve of the prenum, among them Rav Ovadia Yosef, Rav Chaim Zimbalist,Rav Osher Weiss, and Rav Zalman Nechemia Goldberg
G-D forbid a huge injustice be solved.
The prenups are an injustice. B”H for the courage of the rabbonim to go against the popular advocacy of this destructive and non-halachic document.