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.

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.

The anguish endured by agunot (chained) Orthodox Jewish women trapped in unhappy or defunct marriages by husbands who refuse to give them a gett (divorce) reveals the power of religious law even when it conflicts with modern societies' moral and legal norms. These women may be civilly divorced but must petition rabbinic courts in their quest to obtain a gett. In these courts women are subject to financial demands, pressured to drop charges of domestic violence and pedophilia against their husbands and to concede custody and visitation rights to unfit fathers. This book takes the reader inside the rabbinic courts, into civil divorce courts and legislatures that contend with this problem and into the lives of victimized women and children. Well-versed in Jewish divorce law, the authors have counseled thousands of agunot and challenged the Orthodox rabbinate's inaction in response to the injustices faced by these women.

A comprehensive look at how rabbinical courts control Israeli marriage and divorce