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.

Often when people have become alienated from their religious backgrounds, they access their traditions through lifecycle events such as marriage. At times, modern values such as gender equality may be at odds with some of the traditions; many of which have always been in a state of flux in relationship to changing social, economic and political realities. Traditional Jewish marriage is based on the man acquiring the woman, which has symbolic and actual ramifications. Grounded in the traditional texts yet accessible, this book shows how the marriage is an acquisition and contextualises the gender hierarchy of marriage within the rabbinic exclusion of women from Torah study, the highest cultural practice and women's exemption from positive commandments. Melanie Landau offers two alternative models of partnership that partially or fully bypass the non-reciprocity of traditional Jewish marriage and that have their basis in the ancient rabbinic texts.

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.

This Festschrift honours Günter Stemberger on the occasion of his 75th birthday on 7 December 2015 and contains 41 articles from colleagues and students. The studies focus on a variety of subjects pertaining to the history, religion and culture of Judaism – and, to a lesser extent, of Christianity – from late antiquity and the Middle Ages to the modern era.

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.