What is a Get? Jewish Divorce Guide & FAQs

In Jewish law, divorce is not merely a civil matter but a religious dissolution of marriage, primarily enacted through a document known as a Get. The Get itself holds immense significance, and its proper execution requires adherence to specific guidelines rooted in Halakha (Jewish law), often overseen by a Beth Din (rabbinical court). Understanding what is a Get in the Jewish religion also requires familiarity with the concept of agunot, women who are "chained" to their marriages because their husbands either refuse to grant them a Get or are incapable of doing so, highlighting the critical role of this document in ensuring both parties can move forward.

Understanding the Get: The Jewish Divorce Document

The Get, the Jewish divorce document, is a cornerstone of Jewish law (Halakha) governing the dissolution of marriage. Its proper execution and delivery are paramount; without it, according to traditional Jewish law, a couple remains married, regardless of civil decrees or personal desires.

This introduction delves into the essence of the Get, elucidating its role, significance, and the key considerations surrounding its application within Halakha. We will also define core terminology and establish the scope of the ensuing discussion.

Defining the Get: A Formal Termination

At its core, the Get (pronounced "Geht") is a formal document, meticulously written according to specific legal and ritual requirements.

It serves as the mechanism by which a Jewish marriage is terminated under Jewish law.

The husband, acting of his own free will, gives the Get to the wife, thereby releasing her from the bonds of matrimony. This act allows both individuals to remarry within the Jewish community, avoiding potential complications associated with Agunah status (a woman "chained" to a marriage).

Halakha and the Centrality of the Get

The necessity of the Get stems directly from Halakha, the body of Jewish religious laws derived from the Torah, Talmud, and subsequent rabbinic interpretations.

Unlike civil divorces, which are secular legal proceedings, the Get is a religious requirement for Jews seeking to end their marriage in accordance with Jewish tradition.

The Get is not merely a formality; it is considered an essential component of the divorce process. Without it, a woman is still considered married according to Halakha, even if she has obtained a civil divorce. This can create significant religious and personal difficulties, particularly regarding future relationships and the status of any children born from subsequent unions.

Scope of Discussion: Process, People, and Principles

This discussion will provide a comprehensive overview of the Get process.

We will explore the procedural aspects, from the initial decision to seek a divorce to the final acceptance of the Get.

We will also identify and analyze the roles of the key figures involved: the husband, the wife, the Beth Din (rabbinical court), the Sofer (scribe), and the witnesses.

Furthermore, this exploration will delve into the underlying legal and conceptual principles that govern the Get, including the importance of free will, intention, and the complexities surrounding issues such as coercion and Agunah. Understanding these elements is crucial for appreciating the profound significance and intricate nature of the Get within Jewish law.

Key Players in the Get Process

Understanding the Get requires recognizing the essential roles played by various individuals. Each participant, from the husband and wife to the rabbinical judges and scribe, has specific responsibilities that contribute to the validity and proper execution of the divorce according to Jewish law. Their actions and intentions are scrutinized to ensure compliance with Halakha and to protect the rights of all involved.

The Husband (M'Gareysh): The Initiator

In Jewish law, the husband, referred to as the M'Gareysh, traditionally initiates the Get process. It is his responsibility to express the desire to divorce his wife and to take the necessary steps to facilitate the writing and delivery of the Get.

While societal norms have evolved, Halakha generally vests the power to grant the Get in the husband's hands. This dynamic has, at times, led to imbalances, particularly in cases where the husband refuses to grant the Get, leading to the complex issue of Agunot.

The Wife (M'Guereshet): The Recipient

The wife, known as the M'Guereshet, is the recipient of the Get. Her willing acceptance of the Get is crucial for the divorce to be valid. She must receive the Get with the intention of being divorced and with full understanding of the implications.

The Beth Din ensures that the wife is not coerced into accepting the Get against her will. Her acceptance signifies her freedom to remarry within the Jewish community, highlighting the Get's importance in restoring her personal status.

The Rabbi/Rabbis: Guiding the Process

A rabbi, or a panel of rabbis, often guides the couple through the Get process. They provide counseling, explain the legal and religious ramifications, and ensure that both parties understand their rights and obligations.

Their role is particularly important in navigating emotionally charged situations and in helping the couple reach a mutually acceptable resolution, if possible. They act as a bridge between the couple, the Beth Din, and the Sofer.

The Dayanim (Rabbinical Judges) and the Beth Din

The Dayanim, or rabbinical judges, constitute the Beth Din, the Jewish court that oversees the Get process. The Beth Din is responsible for ensuring that the Get meets all the requirements of Jewish law and is delivered properly.

This includes verifying the identities of the parties, confirming their free will, and scrutinizing the Get for any potential defects. The authority of the Beth Din is central to the validity of the divorce. Without their approval and oversight, the Get is not considered valid under Halakha. Organizations like the RCA Beth Din and regional Beth Dins play pivotal roles in this process.

The Sofer: Scribe of the Sacred Document

The Sofer, a specially trained scribe, is responsible for writing the Get. This is a meticulous process that must be performed according to strict guidelines. The Sofer uses a quill and ink to write the Get on parchment, employing precise lettering and ensuring the document is free of errors.

Following the completion of the Get, the Sofer makes a small symbolic cut on one of the letters with scissors, demonstrating that the document is now designated for this specific divorce and cannot be used for any other purpose. This act underscores the unique and sacred nature of the Get.

The Witnesses (Eidim): Attesting to the Truth

Two observant Jewish men, known as Eidim (witnesses), must be present during the delivery of the Get. They attest to the fact that the Get was given by the husband to the wife willingly and in their presence.

The witnesses must be able to understand the proceedings and be of sound mind. Their signatures on the Get serve as legal confirmation that the divorce has been carried out in accordance with Jewish law. The presence and testimony of the Eidim are indispensable for the Get's validity.

Advocates and Attorneys: Expertise in Jewish Divorce Law

Advocates and attorneys specializing in Jewish divorce law can play a crucial role in the Get process. They provide legal counsel to both parties, helping them understand their rights and obligations under both civil and Jewish law.

They can also assist in negotiating financial settlements, custody arrangements, and other related matters. Their expertise is valuable in navigating the complexities of the divorce process and ensuring that both parties are treated fairly.

Influence of Historical Rabbis

The Get process is deeply rooted in Jewish tradition and law, shaped by the teachings and rulings of historical rabbis. Figures like Maimonides (Rambam) and Rabbi Joseph Karo, whose legal codes are foundational to Jewish law, have significantly influenced the procedures and requirements surrounding the Get.

Their interpretations and rulings continue to guide contemporary practice, emphasizing the enduring importance of tradition in Jewish divorce proceedings. These historical perspectives reinforce the significance of adhering to established legal and ethical standards throughout the Get process.

The Beth Din: Oversight and Validation

Understanding the Get requires recognizing the essential roles played by various individuals. Each participant, from the husband and wife to the rabbinical judges and scribe, has specific responsibilities that contribute to the validity and proper execution of the divorce according to Jewish law. Their actions and intentions are carefully scrutinized by the Beth Din, the Jewish court, to ensure the entire process adheres to Halakha.

The Beth Din serves as the central authority overseeing and validating the Get. Its involvement is not merely procedural; it is fundamental to the religious validity of the divorce.

Defining the Beth Din

A Beth Din, literally "House of Judgment," is a rabbinical court composed of at least three rabbinical judges (Dayanim). The Dayanim are experts in Jewish law, possessing extensive knowledge of the Talmud, Codes, and Responsa literature.

Their role extends beyond adjudication; they provide guidance, counseling, and supervision throughout the Get process. The Beth Din's authority is derived from its adherence to Jewish legal tradition and its commitment to upholding the principles of Halakha.

The Oversight Role of the Beth Din

The primary responsibility of the Beth Din is to ensure that the Get process complies with all requirements of Jewish law. This involves a meticulous examination of the circumstances surrounding the divorce.

It requires verification of the identities of the parties, confirmation of their understanding of the process, and assurance that both parties are acting of their own free will. The court also assesses the legal grounds for divorce, ensuring they align with Halakhic standards.

Ensuring Compliance with Jewish Law

The Beth Din meticulously reviews every aspect of the Get procedure to ensure it meets the stringent requirements of Jewish law.

This includes verifying the proper preparation of the Get document by a qualified Sofer (scribe). They confirm that the Get is written according to specific guidelines, using the correct language (Aramaic), materials (quill and ink), and format.

The Beth Din also oversees the delivery and acceptance of the Get, ensuring that the husband hands the document directly to the wife in the presence of valid witnesses.

Any deviation from these requirements can render the Get invalid, leaving the parties in a state of limbo according to Jewish law.

Notable Beth Din Organizations

Various Beth Din organizations operate globally, each with its own structure and scope of authority.

• RCA Beth Din of America: A widely recognized Beth Din providing religious divorce services in North America. It is affiliated with the Rabbinical Council of America, a major Orthodox rabbinical organization.

• Chicago Rabbinical Council (CRC): A prominent rabbinical organization that also operates a Beth Din overseeing various matters of Jewish law, including divorce.

• Regional Beth Dins: Many communities have their own Beth Din serving the specific needs of their local population. These regional courts often work in conjunction with larger organizations.

Each Beth Din plays a vital role in ensuring that Jewish divorces are conducted according to Halakha, providing religious and legal certainty for the individuals involved. Their oversight is essential for upholding the integrity of the Get process and protecting the rights of both parties.

Step-by-Step: The Get Procedure Unveiled

[The Beth Din: Oversight and Validation Understanding the Get requires recognizing the essential roles played by various individuals. Each participant, from the husband and wife to the rabbinical judges and scribe, has specific responsibilities that contribute to the validity and proper execution of the divorce according to Jewish law. Their actions...]

The Get procedure is a carefully orchestrated sequence of events, steeped in tradition and legal precision. From the initial decision to proceed with a divorce to the final acceptance of the Get, each step is imbued with significance and governed by strict requirements. Understanding this process provides crucial insight into the nature of Jewish divorce.

Initiation: Setting the Process in Motion

The Get process typically begins with the husband expressing his desire to divorce his wife. This can be communicated directly to the Beth Din or, in some cases, initiated through legal representatives.

While the husband traditionally initiates the process, the wife can petition the Beth Din to compel the husband to grant a Get if grounds for divorce exist according to Halakha.

The Beth Din will then assess the situation, ensuring that both parties are aware of their rights and responsibilities, and explore any possibilities for reconciliation before proceeding further.

Preparation of the Get: The Sofer's Sacred Task

The preparation of the Get is a meticulous undertaking, entrusted to a Sofer (scribe) who is highly skilled and knowledgeable in Jewish law. The Sofer must be a devout and observant Jew, possessing the expertise to write the Get flawlessly.

The Get must be handwritten on Klaf (parchment) made from the hide of a kosher animal, using special ink and a quill. The text follows a specific Aramaic formula, detailing the names of the husband and wife, the date, and the location of the divorce. Any error in the writing renders the Get invalid, emphasizing the importance of the Sofer's precision.

The Get's Specific Content

The content of the Get precisely identifies the parties involved and their intention to dissolve the marriage. It includes declarations that signify the complete and unequivocal severance of the marital bond, releasing the wife to remarry.

Language of the Get: The Enduring Use of Aramaic

The Get is written in Aramaic, the language used in legal documents during the Second Temple period.

This practice maintains continuity with Jewish legal tradition, providing a clear and unambiguous record of the divorce. The use of Aramaic also transcends geographical boundaries, ensuring that the Get is universally recognized within Jewish communities, regardless of their spoken language.

Delivery of the Get: Transferring the Document

The delivery of the Get is a formal ceremony that takes place in the presence of the Dayanim (rabbinical judges) and Eidim (witnesses). The husband, acting of his own free will, physically hands the Get to his wife.

This act signifies the transfer of ownership and responsibility for the document. The Dayanim observe the proceedings, ensuring that all requirements are met and that the delivery is performed correctly.

The Significance of Witnesses

The presence of witnesses is crucial to validate the Get. The witnesses must be observant Jewish men, unrelated to either the husband or the wife, and they must be able to attest to the fact that the delivery took place according to Jewish law.

Their testimony provides legal confirmation that the Get was properly transferred, preventing any future disputes regarding its validity.

Acceptance of the Get: The Wife's Role

The acceptance of the Get by the wife is the final step in the divorce process. She takes possession of the document, demonstrating her agreement to the divorce. The wife must accept the Get willingly and without coercion.

The Dayanim will typically ask the wife if she is accepting the Get of her own free will to ensure there is no undue pressure. Once she accepts the Get, the divorce is complete, and she is free to remarry according to Jewish law.

The Importance of Ritual: Symbolism and Meaning

The Get process is replete with ritual, each element carrying symbolic meaning.

The writing of the Get on Klaf, the use of Aramaic, the physical delivery of the document, and the presence of witnesses all contribute to the solemnity and significance of the occasion.

These rituals underscore the seriousness of divorce in Jewish law and serve as a tangible representation of the severing of the marital bond.

Presence ("Panim el Panim"): The Requirement of Direct Interaction

The requirement of "Panim el Panim" (face-to-face) emphasizes the need for direct interaction during the Get process. The husband must personally deliver the Get to his wife, ensuring that the act is witnessed and acknowledged directly.

This requirement underscores the importance of intentionality and personal responsibility in the dissolution of marriage. Remote or indirect delivery methods are generally not accepted, highlighting the need for a clear and unambiguous transfer of the Get.

Legal and Conceptual Cornerstones of the Get

Understanding the Get requires recognizing the essential roles played by various individuals. Each participant, from the husband and wife to the rabbinical judges and scribe, has specific responsibilities that contribute to the validity and proper execution of the divorce. However, beyond the procedural aspects, the Get is deeply rooted in legal and conceptual principles that shape its very essence.

This section delves into these critical considerations, exploring how Jewish law, Halakha, dictates the conditions under which a Get is valid. We will examine the importance of intent, the necessity of free will, and the irrevocable nature of the Get once it has been correctly administered.

Halakha: The Guiding Legal Framework

At its core, the Get is a legal instrument governed by Halakha, the comprehensive system of Jewish law. Halakha provides the framework within which all aspects of Jewish life, including marriage and divorce, are regulated.

The laws pertaining to the Get are derived from the Torah, Talmud, and subsequent rabbinic interpretations, offering a detailed and nuanced set of guidelines. Strict adherence to Halakha is essential for the Get to be considered valid and binding.

Kavanah: The Significance of Proper Intention

Kavanah, or proper intention, is a crucial element in Jewish law, influencing the validity of many religious acts, including the Get. Both the husband giving the Get and the wife receiving it must possess the correct intention for the divorce to be effective.

The husband must intend to irrevocably divorce his wife through the act of delivering the Get. The wife must intend to accept the Get as a means of terminating the marriage. If either party lacks the proper kavanah, the validity of the Get may be called into question.

Ratzon: The Imperative of Free Will

The requirement of free will (ratzon) is paramount in the Get process. Jewish law insists that the Get must be given and received willingly, without any form of coercion or duress.

Both parties must consent to the divorce of their own accord. This principle is so central that any indication of force or pressure renders the Get invalid.

Get Me'useh: The Invalidity of a Forced Get

The concept of Get Me'useh, or a "forced Get," highlights the importance of free will. A Get given under duress is categorically invalid in Jewish law. This applies if the husband is coerced into giving the Get against his will, even if the coercion is exerted by a court or other authority.

Jewish legal scholars have extensively debated what constitutes unacceptable coercion. While encouraging a reluctant spouse to grant a Get is permissible, any form of undue pressure that compromises free will is strictly forbidden. The protection against Get Me'useh is primarily for the husband; a coerced wife will not invalidate the Get after she accepts it.

The Irrevocability of the Get

Once the Get has been properly given and received, according to all the requirements of Jewish law, it is generally considered irrevocable. The act of delivering and accepting the Get effects a final and permanent dissolution of the marriage bond.

While there are limited circumstances under which a Get might be challenged after the fact, the principle of irrevocability underscores the seriousness and finality of the divorce process in Jewish law. This irreversibility emphasizes the need for careful consideration and adherence to proper procedure throughout the Get process.

Addressing Related Issues and Concepts Surrounding Jewish Divorce

Understanding the Get requires recognizing the essential roles played by various individuals. Each participant, from the husband and wife to the rabbinical judges and scribe, has specific responsibilities that contribute to the validity and proper execution of the divorce. However, beyond the procedural, a range of related issues and concepts often intersect with the Get process. These concepts influence the experience of divorce and the subsequent lives of those involved.

The Agunah Crisis: Women in Limbo

The plight of the Agunah (literally, "anchored woman") represents one of the most poignant and complex challenges within Jewish divorce law. An Agunah is a woman who is unable to remarry according to Jewish law because her husband refuses to grant her a Get, or because he has disappeared and his death cannot be confirmed.

This situation leaves the woman in a state of marital limbo, unable to move forward with her life, start a new family, or be fully recognized within the Jewish community. The Agunah's children from any subsequent relationship would also face certain halakhic (Jewish legal) challenges.

The emotional, social, and religious consequences for Agunot are devastating. Their stories highlight the critical need for halakhic solutions and increased awareness of this issue within the Jewish community.

Organizations Assisting Agunot

Several organizations are dedicated to advocating for and assisting Agunot. These groups work to raise awareness, provide legal and emotional support, and develop strategies to prevent and resolve Agunah cases.

• The Organization for the Resolution of Agunot (ORA) focuses on advocating for solutions within Jewish law and providing legal assistance to women navigating the Get process.

• Jewish Women International (JWI) addresses domestic abuse and advocates for women's rights within the Jewish community, including providing resources and support for Agunot.

These organizations often engage in advocacy, legal intervention, and communal education to address this difficult issue.

Pre-nuptial Agreements: Mitigating Future Challenges

Pre-nuptial agreements that include Get clauses are increasingly used to prevent situations of Get refusal. These agreements stipulate financial or other penalties for a husband who withholds a Get, incentivizing the timely granting of the divorce.

Such agreements seek to uphold the principle of free will in the Get process and protect women from becoming Agunot. However, the enforceability and halakhic validity of these agreements can vary depending on the specific wording and the jurisdiction.

It is important to consult with legal experts who are knowledgeable in both civil and Jewish law to ensure these agreements are properly drafted and legally sound.

Financial Settlements and the Division of Assets

Financial settlements are intricately linked to the Get process. The division of assets accumulated during the marriage needs to be addressed fairly, according to both civil law and Jewish ethical considerations.

While a Get is required for religious divorce, the financial aspects of the divorce are often determined separately through civil courts or rabbinical arbitration. The Ketubah (marriage contract) may specify certain financial obligations of the husband to the wife in the event of divorce.

Reconciliation Efforts: Shalom Bayit

Before proceeding with a Get, significant efforts are typically made to achieve Shalom Bayit (domestic peace) and reconcile the couple. Rabbis, counselors, and family members may be involved in this process.

The goal is to explore whether the marriage can be salvaged and to address the underlying issues contributing to the marital discord. Reconciliation is highly valued in Jewish tradition, and divorce is viewed as a last resort.

Kiddushin (Betrothal/Marriage) and Its Dissolution

Kiddushin, the act of betrothal or marriage in Jewish law, creates a sacred bond between a husband and wife. The Get serves as the formal dissolution of this bond, returning both parties to the status of single individuals.

Without a valid Get, the bond of Kiddushin remains in effect according to Jewish law, regardless of any civil divorce decree. This underscores the central importance of the Get in Jewish divorce proceedings.

The Ketubah (Marriage Contract) and its Relevance

The Ketubah is a legally binding contract that outlines the husband's responsibilities to his wife during the marriage and in the event of divorce or his death.

The Ketubah specifies a monetary settlement that the wife is entitled to receive upon divorce. This payment is intended to provide her with financial security as she transitions to single life.

The Ketubah's provisions are an important consideration during the financial settlement negotiations in a divorce.

Annulment (Hafrahat Kiddushin)

In rare circumstances, an annulment (Hafrahat Kiddushin) may be an option. An annulment declares that the marriage was never valid from its inception, typically due to issues such as fraud, coercion, or lack of legal capacity at the time of the marriage.

An annulment is a complex legal and religious procedure that requires the approval of a qualified rabbinical court. If granted, it eliminates the need for a Get, as the marriage is deemed never to have existed halakhically.

Interplay of Legal Documents: Civil and Religious

The interaction between civil divorce decrees and the religious Get process is crucial. While a civil divorce legally terminates the marriage according to state law, it does not dissolve the marriage according to Jewish law.

A Get is required for a valid Jewish divorce, allowing both individuals to remarry within the Jewish community. Coordinating the civil and religious aspects of the divorce process is therefore essential to ensure that both legal and religious requirements are met.

The Get in Geographic and Institutional Contexts

Addressing Related Issues and Concepts Surrounding Jewish Divorce Understanding the Get requires recognizing the essential roles played by various individuals. Each participant, from the husband and wife to the rabbinical judges and scribe, has specific responsibilities that contribute to the validity and proper execution of the divorce. However, beyond the direct participants, the geographic and institutional environments significantly shape the process. These contexts, ranging from the synagogue to the legal frameworks in Israel, provide both physical spaces and regulatory structures within which the Get unfolds.

The Synagogue as a Venue

The synagogue, often the central communal hub for Jewish life, can play a significant role in the Get process, albeit primarily as a physical space.

While the Get itself is not inherently a religious ceremony requiring a sacred space, the synagogue may serve as a convenient and neutral location for the proceedings.

This is particularly relevant when the couple seeks a setting that offers both privacy and respect.

The availability of a Beit Din (rabbinical court) within the synagogue complex can further streamline the process, allowing for immediate consultation and oversight.

The synagogue's familiar setting can also provide a sense of community support for the individuals undergoing the divorce.

However, it is important to note that the Get does not require a synagogue setting and can take place in any location deemed appropriate and respectful by the involved parties and the Beit Din.

Jewish Divorce Law in Israel

In Israel, the legal framework surrounding marriage and divorce is distinctly influenced by Jewish law (Halakha).

This influence stems from the historical agreement made after the establishment of the state of Israel, giving religious courts, including rabbinical courts, jurisdiction over matters of personal status for Jews.

Jurisdiction and Legal Authority

The rabbinical courts in Israel possess exclusive jurisdiction over Jewish divorce proceedings.

This means that a Get obtained outside the framework of the Israeli rabbinical court system may not be recognized as valid within Israel, potentially leading to complications regarding remarriage and other personal status issues.

It is crucial for individuals seeking a Jewish divorce in Israel or those who plan to reside in Israel to navigate the rabbinical court system correctly.

The Role of the State

The Israeli state, while granting authority to the rabbinical courts, also plays a role in enforcing their decisions.

For example, the state can issue orders compelling a husband to grant a Get if the rabbinical court deems it necessary.

However, the state's involvement is often a complex issue, balancing religious autonomy with individual rights.

Challenges and Considerations

The integration of Jewish law and state law in Israel presents unique challenges.

Cases involving Agunot, women denied a Get by their husbands, often highlight the tension between religious and secular legal principles.

The rabbinical courts, while bound by Halakha, are also subject to scrutiny from civil society organizations and legal advocates who advocate for the rights of women in divorce proceedings.

Furthermore, the application of Jewish divorce law in Israel has implications for interfaith marriages and couples who do not identify strongly with religious tradition.

Navigating these complexities requires a thorough understanding of both Jewish law and Israeli legal procedures, highlighting the need for experienced legal counsel in such matters.

Navigating a divorce is never easy, and the complexities of Jewish law surrounding what is a Get in the Jewish religion can add another layer. Hopefully, this guide has helped clarify some of the questions you might have. Remember to seek personalized advice from qualified legal and religious authorities to ensure you're taking the right steps for your specific situation. Take care.