Category: Jewish History

Blame Rabbis For Agunot, But For The Right Reasons

The following essay is derived from two recent classes/podcasts Understanding the Agunah Problem and Solutions to the Agunah Problem. These classes include several of the primary sources referenced below

Introduction

The protracted divorce battle between Aharon Friedman and Tamar Epstein is the most publicized case of agunah in recent memory. An aggressive campaign led by the Organization for the Resolution of Agunot (ORA) capitalized on Mr. Friedman’s relatively prominent status as a congressional aide for David Camp. The efforts of numerous online and personal protests eventually led to mainstream media coverage from outlets such as Fox News, The New York Times and Politico which called national attention to Mr. Friedman’s refusal to grant his wife a halakhic divorce. As with virtually all cases of agunah, the recalcitrant party is vilified with public condemnations and communal pressure to acquiesce.1 When the specific goal is obtaining the immediate divorce, it is a relatively simple matter to identify the party responsible for obstructing the process and to protest accordingly. Others, however, find fault with the halakhic system, and in a desire to change the status quo to identify other sources of blame.

In a recent Forward blog post titled “On Agunah Issue, Pressure Rabbis, Not Rep” Dvora Myers argues that the plight of agunot is not only the fault of a recalcitrant husband but of the Rabbis for creating the regulations in the first place.

However, if withholding a get constitutes abuse, if the husband is indeed brandishing a psychological weapon and threatening his wife with it, then the question that should be asked: How did the gun get into his hand?

The answer is clear: It was put there by Jewish law, the rabbis who formulated it, and the rabbis who refuse to amend it.

Myers’ understanding of Jewish law is informed by Blu Greenberg’s famous dictum, “where there’s a rabbinic will, there’s a halakhic way,” thus placing the burden of agunot squarely with the Rabbis. Ultimately Myers concludes,

If maintaining a nearly thousand-year-old ruling is more important than offering women equality within the religion, I would at least like to see one of these rabbis condemning Friedman admit as much. It would be refreshingly honest to hear one of them say something like, “When faced with the choice of preserving tradition and promoting justice and equality that would give women the freedom to divorce, we choose the former.”

Most Orthodox Jews would agree that adhering to a thousand-year-old ruling is, in fact, more important than fulfilling the prevailing ethic of the day. This is due to a fundamentally different approach to Jewish law, one which assumes that halakhah is ultimately a representation of Divine Will. In this case, it would be strict adherence to the biblical laws of divorce in Deut. 24:1-1 and the capital offense for adultery in Lev. 20:10. It is important to consider that this approach to halakhah is shared by the agunot themselves, who while having the free will to ignore Jewish law and remarry as they wish, are committed first and foremost to keeping halakhah despite the immense challenges it presents.2 Thus, when a Rabbi adheres to Jewish law, even if it is unpopular, inconvenient, or even difficult for him to do so, he is not being an obstinate misogynist, but rather fulfilling his duty as a Rabbi.

But while it is misguided to blame Rabbis for following halakhah, it is completely legitimate to hold Rabbis accountable to the very halakhah which they espouse. Unfortunately, the Orthodox Rabbinate has not always lived up to their own ideals even when the lives agunot were at stake.




Ep. 63 Current Jewish Questions 10 – Solutions to the Agunah Problem

In this mega-podcast, Rabbi Yuter surveys some of contemporary solutions to the Agunah problem and discusses their merits, limitations, and flaws in light of Jewish law, history, and social politics.

Current Jewish Questions 10 – Solutions to the Agunah Problem Sources (PDF)

Current Jewish Questions 10 – Solutions to the Agunah Problem




Ep. 57 Current Jewish Questions 4 – The Superbowl

In honor of Superbowl Sunday, Rabbi Yuter tackles the question of Jews enjoying the Big Game.

Current Jewish Questions 4 – Superbowl Sources (PDF)

Current Jewish Questions 4 – Superbowl




A Judaism of Laws or of Men

An Orthodox colleague recently created a controversy after writing a blog post explaining why he no longer recites the blessing shelo asani isha – thanking God for not creating him as a woman. Several Orthodox rabbis criticized this position for various reasons with one even questioning the author’s right to call himself “Orthodox,” ostensibly for deviating from the traditional liturgy through his omission. In the grand scheme of Orthodox Jewish history this rabbi’s personal choice is relatively trivial. However, in the subsequent squabbling over one rabbi’s legitimacy, the Orthodox rabbinate inadvertently exposes the inherent cognitive dissonance prevalent in the contemporary Orthodox community.




Episode 38 – Politics of Exclusion: Preserving Gender Roles Part 1 – Mechitzah

Rabbi Yuter’s Politics of Exclusion series shifts focus to on Orthodox Judaism’s ethos of preserving traditional gender roles, beginning with the topic of mechitzah vs. separate seating in the synagogue.

Preserving Gender Roles 1 – Mechitzah Sources (PDF)

Preserving Gender Roles 1 – Mechitzah




Episode 37 – Politics of Exclusion: Saul Lieberman and the Orthodox Part 4

Rabbi Yuter concludes the segment on Saul Lieberman and the Orthodox discussing attributions of Saul Lieberman’s scholarship and the failed attempt at creating a beit din with Conservative and Orthodox input.

Politics of Exclusion – Saul Lieberman and the Orthodox 4 Sources (PDF)

Politics of Exclusion – Saul Lieberman and the Orthodox Part 4




Episode 36 – Politics of Exclusion: Saul Lieberman and the Orthodox Part 2

Rabbi Yuter’s Politics of Exclusion segment on Saul Lieberman continues with a specific charge against Saul Lieberman, his response, and concludes with a game changing twist.

Saul Lieberman and the Orthodox Part 2 Sources (PDF)

Politics of Exclusion – Saul Lieberman and the Orthodox Part 2




Episode 34 – Politics of Exclusion: R. Moshe Feinstein on Non-Observant Jews

Having discussed R. Moshe Feinstein’s antipathy towards Conservative and Reform Rabbis, Rabbi Yuter considers R. Moshe Feinstein’s attitude toward non-observant Jewish masses.

Politics of Exclusion – R. Moshe Feinstein on Non-Observant Jews Sources (PDF)

Politics of Exclusion – R. Moshe Feinstein on Non-Observant Jews




Who’s Who in the Talmud: R. Yochanan Part 1

Rabbi Yuter’s Who’s Who in the Talmud series shifts to the Amoraic period, beginning with the great Eretz Yisrael Amora R. Yochanan.

Who’s Who in the Talmud – R. Yochanan Part 1 Sources (PDF)

Who’s Who in the Talmud – R. Yochanan Part 1




Episode 30 – Who’s Who in the Talmud: R. Yehuda Hanasi

In a Very Special edition of Who’s Who in the Talmud, Rabbi Josh Yuter’s presentation on R. Yehudah Hanasi gets a surprise visitor in Rabbi Alan Yuter (RY 1.0) who drops by for some classic history, literary, and grammar goodness. The Bad News: the voice recorder’s battery dies in the middle.

Who’s Who in the Talmud – R. Yehuda Hanasi Sources (PDF)

Who’s Who in the Talmud – R. Yehuda Hanasi