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Rabbinic Authority, Volume 3: The Vision and the Reality, Beit Din Decisions in English - Halakhic Divorce and the Agunah, by A. Yehuda Warburg
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About the Author
Since 1999, Rabbi Dr. A. Yehuda Warburg has served as a dayan (rabbinical judge) on various battei din panels in the Hassidic, Modern Orthodox, Sephardic, and Yeshiva communities in the New York-New Jersey metropolitan area. He is a former research fellow at the Institute of Jewish Law at Boston University School of Law. He is a member of the editorial board of the journal Tradition and served on the editorial board of The Jewish Law Annual. For over two decades, Rabbi Warburg delivered classes in Hoshen Mishpat (business law) and Even ha-Ezer (family law) to rabbinical students at Rabi Isaac Elchanan Theological Seminary, an affiliate of Yeshiva University. He is the author of dozens of articles in the areas of jurisprudence, family law, bioethics, contracts, and securities law that address the interface of Halakha and U.S. law, and he is the author of Rabbinic Authority volumes 1 and 2.
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Product details
Hardcover: 384 pages
Publisher: Urim Publications (February 12, 2017)
Language: English
ISBN-10: 9789655242515
ISBN-13: 978-9655242515
ASIN: 965524251X
Product Dimensions:
6.8 x 1 x 9.5 inches
Shipping Weight: 1.5 pounds (View shipping rates and policies)
Average Customer Review:
5.0 out of 5 stars
2 customer reviews
Amazon Best Sellers Rank:
#853,732 in Books (See Top 100 in Books)
very timely and informative
Rabbi Dr. A. Yehuda Warburg, holding a doctorate of jurisprudence, has, among much else, served as a dayan, judge, at all levels of Jewish religious courts. He offers readers interesting Jewish court decisions in this book. It is the third volume in his discussions on Beit Din (Jewish court) decision on various issues. This volume focuses on halakhic (Jewish Law) decisions regarding cases of divorce and Agunah. According to Jewish law, only a husband can grant a divorce, a wife cannot end a marriage by giving her husband a divorce. If a husband refuses to give his wife a divorce or the husband disappears and therefore cannot give a divorce decree, the wife remains un-divorced. She is “chained†to her husband. Agunah means “chained.â€The Hebrew Bible gives few details about marriage and divorce. Deuteronomy 24:1 states: “If a man takes (yikach) a wife and has sex with her, but she becomes displeasing to him because he found something wrong, he should write a bill of divorce for her, place it in her hand, and send her from his house.†The Bible states “takes†a wife and was understood to allow only men to consummate marriages, women are passive. The same applies with divorces; men write bills of divorce and hand them to inactive spouses.As a result, there are too many separated Jewish women whose husbands refuse to give them a get, a Jewish divorce. These women remain married to their estranged husbands and cannot remarry. It is not uncommon for these husbands to blackmail their wives saying, in essence, “I will not hand you a get unless you give me…†and frequently, this demand is for hundreds of thousands of dollars.Warburg suggested a possible solution to the Agunah problem in his first volume of this series. In this volume, he discusses various cases that arose regarding invalid marriages and divorce, such as is a divorce necessary if the marriage ceremony was conducted with less than two witnesses, can and how can a witness be invalidated, can a wedding be invalidated when the officiating rabbi was not Orthodox, can a husband’s misbehavior invalidate a marriage, can a husband’s premarital misrepresentation invalidate a marriage, can we suppose that a currently insane husband was insane when the marriage ceremony occurred, and much more.The case studies that Warburg presents are very interesting.
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