One of the most vexing problems to confront American Orthodox Jewry is where a wife is abandoned by her husband who refuses to give her a Jewish divorce. This work seeks to explain the agunah problem in the United States. It notes that the contemporary agunah problem in America is radically different than that of contemporary Israel and completely different than the talmudic agunah problem. The thesis of this book is that the agunah problem in contemporary America is part of a more general dispute in classical Jewish law as to when marriage should end. Thus, this book surveys how Jewish law seeks to respond to the consent of the other party or without a finding of fault. It concludes by noting that prenuptial agreements can successfully address the agunah problem in the United States since they provide a way for couples to create an image of marriage and divorce by which they can agree to live. Michael J. Broyde is an Associate Professor of Law at Emory University and the Academic Director of Law and Religion Program at Emory University. He is a member (dayan) in the Beth Din of America and was the director of that Beth Din while on sabbatical from Emory. In addition, he is the founding rabbi of the Young Israel synagogue in Atlanta. Professor Broyde is the author of The Pursuit of Justice in Jewish Law and co-author of Human Rights in Judaism.--Amazon.com.

Marriage, Sex and Family in Judaism explores Jewish marriage from historical and contemporary perspectives, focusing on the religious and legal concepts of marriage, and the social impact of family in the Jewish community. The book does not advocate one perspective or another; instead, the essays range from conservative to liberal viewpoints, offering readers a well-balanced mixture of perspectives on Jewish marriage.

Background -- A word of caution -- Attitudes of compassion and leniency -- Relaxation of the laws of evidence concerning agunot : example of a methodology favoring leniency -- The uniqueness of the problem in our day -- The basic sources for kiddushei ta'ut -- The rishonim and the codes : stringent and lenient approaches -- The responsa literature -- General principles to be derived from the precedents.

Bibliography: p.302-311.

Fully acknowledging that Judaism, as described in both the Bible and the Talmud, was patriarchal, Judith Hauptman demonstrates that the rabbis of the Talmud made significant changes in key areas of Jewish law in order to benefit women. Reading the texts with feminist sensibilities, recognizing that they were written by men and for men and that the

Volume 20 of The Jewish Law Annual features six detailed studies. The first three articles consider questions which fall under the rubric of halakhic methodology. The final three articles address substantive questions regarding privacy, cohabitation and medical triage. All three ‘methodological’ articles discuss creative interpretation of legal sources. Two (Cohen and Gilat) consider the positive and forward-thinking aspects of such halakhic creativity. The third (Radzyner) examines tendentious invocation of new halakhic arguments to advance an extraneous interest. Cohen explores positive creativity and surveys the innovative midrashic exegeses of R. Meir Simha Hakohen of Dvinsk, demonstrating his willingness to base rulings intended for implementation on such exegesis. Gilat examines exegetical creativity as to the laws of capital offenses. Midrashic argumentation enables the rabbinical authorities to set aside the literal sense of the harsh biblical laws, and implement more suitable penological policies. On the other hand, Radzyner’s article on tendentious innovation focuses on a situation where novel arguments were advanced in the context of a power struggle, namely, Israeli rabbinical court efforts to preserve jurisdiction. Two articles discuss contemporary dilemmas. Spira & Wainberg consider the hypothetical scenario of triage of an HIV vaccine, analyzing both the talmudic sources for resolving issues related to allocating scarce resources, and recent responsa. Warburg discusses the status of civil marriage and cohabitation vis-à-vis payment of spousal maintenance: can rabbinical courts order such payment? Schreiber’s article addresses the question of whether privacy is a core value in talmudic law: does it indeed uphold a ‘right to privacy,’ as recent scholars have claimed? The volume concludes with a review of Yuval Sinai’s Application of Jewish Law in the Israeli Courts (Hebrew).

Traditional Jewish family law has persevered for hundreds of years and rules covering marriage, the raising of children, and divorce are well established; yet pressures from modern society are causing long held views to be re-examined. The Jewish Family: Between Family Law and Contract Law examines the tenets of Jewish family law in the light of new attitudes concerning the role of women, assisted reproduction technologies, and prenuptial agreements. Through interdisciplinary research combining the legal aspects of family law and contract law, it explores how the Jewish family can cope with both old and modern obstacles and challenges. Focusing on the nexus of Jewish family law and contract law to propose how 'freedom of contract' can be part of how family law can be interpreted, The Jewish Family will appeal to practitioners, activists, academic researchers, and laymen readers who are interested in the fields of law, theology, and social science.