The Lieberman clause is a clause included in a ketubah (Jewish wedding document), created by and named after Talmudic scholar and Jewish Theological Seminary of America professor Saul Lieberman, that stipulates that divorce will be adjudicated by a modern bet din (rabbinic court) in order to prevent the problem of the agunah, a woman not allowed to remarry religiously because she had never been granted a religious divorce. It was first introduced in the 1950s by rabbis in Judaism's Conservative movement.
According to halakha (Jewish law) when a couple gets divorced it is the man who has to present the woman with a bill of divorce, and the woman who has to consent to receive it, called a get . Without one, the couple is still viewed as married, whether a civil divorce is obtained or not. In the past, if a woman was refused a divorce because a man would not give his wife a get, the rabbis of the local Jewish community were authorized, under certain circumstances, to force the husband to do so (e.g., his refusal to be intimate with his wife as well as not giving the get, or other such serious matters). However since the Haskalah, local Jewish communities lost their autonomous status, and were subsumed into the nation in which they existed. The Jewish community lost its civil powers to enforce marriage and divorce laws. The unintended result was that rabbis lost the power to force a man to give his wife a get, and Jewish law does not allow a woman to give a get to the husband. Without a get, a Jewish woman is forbidden to remarry and is therefore called an agunah (literally "a chained woman").
For decades, traditional voices within the Rabbinical Assembly (RA) counseled that Conservative Jews should take no unilateral action on this issue, and should wait for solutions or joint action from the Orthodox community. While numerous solutions were offered, none were accepted. Eventually, liberal voices within the Rabbinical Assembly won out, and the movement authorized unilateral action.
Lieberman developed a clause to be added to the ketubah (Jewish wedding document). In effect, it was an arbitration agreement used in the case of a divorce; if the marriage dissolved and the woman was refused a get from her husband, both the husband and wife were to go to a rabbinic court authorized by the Jewish Theological Seminary of America and heed their directives, which could (and usually did) include ordering a man to give his wife a get.
According to leaders of the Conservative movement, a meeting was held between the leaders of the RA, representing the Conservative movement, and the Rabbinical Council of America (RCA), the largest organization of Orthodox rabbis, in an effort to find agreement that the clause was valid from the standpoint of Jewish law, and would be included in both Orthodox and Conservative documents. [1] The premise of the meetings was to create a beth din (rabbinic court) similar to that of the Chief Rabbinate of Israel which would be the supreme authority on all halakhic issues related to marriage and divorce in America for both the Orthodox and Conservative. In addition to the meetings held by the RA and RCA, private meetings took place between Saul Lieberman and Joseph B. Soloveitchik, who discussed the creation of this body. While all the members of the beth din would unquestionably be Orthodox poskim , there was discussion as to the possibility of the Leiberman clause being amended by Soloveitchik in order to make it more acceptable to the Orthodox, so as to facilitate its being included in Orthodox ketubahs. However, the beit din was never formed, and the Orthodox movement never acted to include the clause; all Orthodox rabbis seem to have united in their rejection of the clause as a violation of Jewish law. As a result, it has only been used for wedding documents and ceremonies in some (but not all) non-Orthodox denominations of Judaism.
This clause is still used in many ketubot used by Conservative Jews today. In the intervening years, however, there has been growing concern regarding the legal validity of this clause due to the United States stand on the separation of church and state. For that reason, state courts have disagreed in terms of recognition of this clause, in a religious document, in a civilian legal setting.
As a response to this concern, a separate letter was drawn up, and signed by the prospective bride and groom, acknowledging that the conditions of the ketuba had been explained to them, and that this letter would be recognized by them as a separate civil document, enforceable in U.S. courts.
However, even some Conservative rabbis grew to have misgivings about the religious validity of this approach, eventually leading the joint bet din of the Conservative movement to develop alternative approaches to the problem of the agunah, which include but are not limited to hafka'at kiddushin, retroactive annulment of the marriage. [1]
Marriage in Judaism is the documentation of a contract between a Jewish man and a Jewish woman in which God is involved. In Judaism, a marriage can end either because of a divorce document given by the man to his wife, or by the death of either party. Certain details, primarily as protections for the wife, were added in Talmudic times.
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Joseph Ber Soloveitchik was a major American Orthodox rabbi, Talmudist, and modern Jewish philosopher. He was a scion of the Lithuanian Jewish Soloveitchik rabbinic dynasty.
Saul Lieberman, also known as Rabbi Shaul Lieberman or, among some of his students, the Gra"sh, was a rabbi and a Talmudic scholar. He served as Professor of Talmud at the Jewish Theological Seminary of America (JTSA) for over 40 years, and for many years was dean of the Harry Fischel Institute in Israel and also president of the American Academy for Jewish Research.
A ketubah is a Jewish marriage contract. It is considered an integral part of a traditional Jewish marriage, and outlines the rights and responsibilities of the groom, in relation to the bride. In modern practice, the ketubah has no agreed monetary value, and is seldom enforced by civil courts, except in Israel.
An agunah is a Jewish woman who is stuck in her religious marriage as determined by halakha. The classic case of this is a man who has left on a journey and has not returned, or has gone into battle and is missing in action. It is used as a borrowed term to refer to a woman whose husband refuses, or is unable, to grant her a divorce.
Legal responses to agunah are civil legal remedies against a spouse who refuses to cooperate in the process of granting or receiving a Jewish legal divorce or "get".
A get, ghet, or gett is a document in Jewish religious law which effectuates a divorce between a Jewish couple. The term is also used to refer to the divorce itself. The get is a 12-line document written in Aramaic. The requirements for a get include that the document be presented by a husband to his wife. The essential part of the get is a very short declaration: "You are hereby permitted to all men". The effect of the get is to free the woman from the marriage, and consequently she is free to marry another and that the laws of adultery no longer apply. The get also returns to the wife the legal rights that a husband held in regard to her.
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Howard (Chaim) Jachter is an American Orthodox rabbi, Dayan, educator, and author. He sits on the Beth Din of Elizabeth, New Jersey as a Dayan and Get administrator. Noted as an expert on the laws of Jewish divorce, he also chairs the Agunah Prevention and Resolution Committee of the Rabbinical Council of America. Rabbi Jachter is also the consulting rabbi for over 60 Eruvs across the United States. He serves as the Rabbi of Sha'arei Orah, the Sephardic Congregation of Teaneck, and is a faculty member at the Torah Academy of Bergen County (TABC). Author of sixteen books and over one thousand online and journal articles, he writes and lectures extensively on contemporary topics in Jewish law and thought. He has five children.
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The Melbourne Beth Din (MBD) is an Orthodox / Chassidic Jewish court in the city of Melbourne, Australia. Located in Caulfield North, Victoria, it rules mostly on divorces and conversions although it does rule on other matters as well.