A get or gett ( ; Hebrew: ?? ?, plural gittin ????? ) is a divorce document in Jewish religious law, which should be presented by a husband to his wife for realizing their divorce. The important part of the get is very short: the text states "You are hereby authorized for all men", which means that the woman is no longer married and that the adultery law is no longer valid. get also returns to the wife of legal rights held by a husband in connection with her in a Jewish marriage.
Video Get (divorce document)
Etymology
The biblical term for divorce documents, described in Deuteronomy 24, is "Sefer Keritut", (Hebrew: ??????? ?). The get may be from the Sumerian word for the document, GID.DA . It seems to have passed from Sumeria to Akkadian as gittu, and from there to Hebrew Mishnaic. The reality in Misnah, get can refer to any legal document though refers primarily to divorce documents. (Tosefet Beracha to Ki Tisa)
A number of popular etymological speculations are offered by early modern rabbinical authorities. According to Shiltei Giborim (mentioned in the Talmudic dictionary, Aruch HaShalem S.V. Get), this refers to the stone agate, which supposedly has some form of anti-magnetic property that symbolizes divorce. The Gaon of Vilna argues that the Hebrew letters Gimel and Tet of the get are the only letters of the Hebrew alphabet who can not make a word together, again symbolizing divorce. Rabbi Baruch Epstein states that it comes from the Latin gestus "action, cue", which refers to any legal document. Marcus Jastrow argues for the Semitic roots, arguing that it comes from the Hebrew word for engraving (Hebrew: ??? ?).
Rabbi Yechiel Yaakov Weinberg argues that after the rebellion of Bar Kochba, the Romans decided that all documents were processed in Roman court (to undermine Jewish nationalism). The term get may have entered the language everyday during this time.
Maps Get (divorce document)
Requirements
Halakha needs a special formality for get to be considered valid.
- The divorce document must be written; this is usually done by professional religious clerks, softer. It should be written on the explicit instruction and free consent of the husband, with the special intent that it will be used by certain men and women. Initially it can not be written empty to fill it later.
- This should be sent to the wife, whose physical acceptance is required to resolve and validate the divorce proceedings. Hebrew <> is required.
- There are certain detailed requirements relating to the legal and religious nature of the get itself. As an example:
- It must be written on a new document, and there is no possibility of clear text.
- It may not be written on anything attached to the ground (for example, fig leaves).
- The title get may not be prioritized.
Any deviation from this requirement cancels get and divorce procedure.
A get should be given free will from the husband; however, the wife's consent is not required according to the Bible (however, Ashkenazic's tradition states that a husband should not divorce his wife without his consent). A gets may not be granted for fear of any obligations committed by either party in the separation agreement. Such agreements may provide such things as child custody and their maintenance, and property settlement. But either party may withdraw from such a treaty, on the question of the dissolution of marriage alone, if they can satisfy the court of a sincere desire to restore marital harmony. In such situations, all recognized marriage obligations continue to apply. On the other hand, the financial conditions prescribed by the parties to the separation agreement will remain in force and enforceable, even if the marriage state remains.
Refusal to grant get
Gittin law only provides divorce initiated by the husband. However, the wife has the right to demand divorce in rabbinical courts. The court, if found only cause as prescribed in a very rare case in Jewish law, would sue the husband to divorce his wife. In such a case, a husband who rejects a court hearing that he divorces his wife will be subjected to various penalties for pressuring him to divorce. Such penalties include money penalties, and corporal punishment - including forcing a husband to spend the night in an unmarked grave (with the implication that it could be his tomb). In modern Israel, rabbinical courts have the power to punish a husband to the prison to force him to give his wife. Rabbinical courts outside Israel have no power to enforce such punishment. This sometimes leads to situations in which the husband makes court and his wife demands monetary settlement or other benefits, such as child custody, in exchange for the title get . Leading Jewish feminists have fought against such demands in recent decades.
A prominent Orthodox rabbi has pointed out the rabbinical source of many years claiming that any coercion can cancel the acquisition except in the most extreme cases, and has spoken against "getting the organization," which they claim has often inflamed situations that could otherwise have occurred. settled peacefully.
Sometimes a man will completely refuse to divorce. This leaves his wife without the possibility of remarriage in Orthodox Judaism. Such a woman is called mesorevet (literally "rejecting divorce"), if the court decides she is entitled to a divorce. Such people who refuse to give their wives are often rejected by the modern Orthodox community, and are excluded from communal religious activities, in an attempt to force gain.
Although it is widely assumed that the problem lies primarily in men who refuse to give their wives and that is a widespread problem, in Israel, the figures are released from the rabbinate chiefs that women alike refuse to accept and that the numbers are several hundred on each side. However, such a husband has the option of finding a Heter meah rabbanim, while there is no similar choice for the wife.
In the Conservative movement traditional help is needed. However, in cases where the husband refuses to give a get and Bet Din (Rabbinik Court) has decided that the husband's refusal is not justified, the marriage condition may be terminated by kiddushin hafqa'at, or the cancellation of marriage. This requires a majority vote of the Joint Bet Din movement, consisting of nine rabbinic scholars. After their authorization of the process, Bet Din may issue a cancellation certificate. This protocol is viewed as extreme and is only used in cases that are indispensable.
Get conflict
The rules governing the get are subject to the civil law of a country that precedes the Jewish marriage law.
On the other hand, if civil divorce is obtained, there is still a need under Jewish law, for Jewish divorce procedures outlined in this article to follow if couples wish to be divorced according to Jewish religious law or remarry under religious law: that is, husbands still need submit get to my wife and wife to receive me t. Otherwise, the couple may be divorced under civil law ("land law") while still considered to be married under Jewish law, with all the consequences that follow from that status. It is forbidden religion for couples to marry again without getting and doing so is considered adultery according to Jewish law, and the children contained in it mamzerim.
New York get legislation
- 1983 Get the Law: Household Relations Law Ã,§253
- 1992 Get the Law: DRL Ã,§236 (B) (5) (h) and DRL Ã,§236 (B) (6) (d)
In 2001, New York Superior Court Judge Gerald Garson was warmly welcomed by feminists for ordering an Orthodox Jewish man to pay his wife $ 500 a week for life, because he refused to give her. Many Orthodox rabbis have spoken out against legitimacy obtained through civil courts. Garson was convicted in 2007 for taking bribes to manipulate the proceeds of the divorce proceedings, and was jailed from June 2007 to December 2009.
In history
One of the most contentious gitins in history is probably the "Get of Cleves" of the late 18th century, which led to a rift between several rabbinic courts in Western Europe. This case involves a husband who sometimes shows signs of mental illness (in which paranoia is a contributing symptom) that gives his wife a Get. As a Get can only be given by "sane" individuals, much of the analysis and debate takes place about how to classify this individual as well as the exact definition of insanity at Halakha.
In 2013, a divorce gang led by rabbis in New York and New Jersey who were forced through the use of kidnappings and torture was closed by the Federal Bureau of Investigation. The second used murder is closed in 2016.
In popular culture
- Rochelle Majer Krich's book Until Death Do Us Part (1992), ISBNÃ, 0-380-76533-0. In the episode of The Sopranos Denial, Anger Acceptance (1999), Tony was hired for the purpose of convincing a stubborn Orthodox Jew to give the man his wife a chance.
- In the movie Coen Brothers A Serious Man (2009), the request to obtain is a repeating plot device.
- The film Gett: The Trial of Viviane Amsalem (2014) shows the process of a Jewish woman seeking to obtain a divorce from a reluctant husband.
See also
- Agunah
- Beth din
- Jewish pre-marital agreement
- Convert
References
External links
- Divorce in Judaism
- Divorced in Jewish Virtual Library
- Jewish Divorce and Beit Din's Role, Jewish Law (1999) Rabbi Jonathan Reiss
- Help Channel
- Guidelines for working with Beth Din
Source of the article : Wikipedia
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