The Wife's Right to Divorce in Jewish Law: History, Dogmatics and Hermeneutics

Journal of Jewish Studies, Vol. 62, pp. 340-63, 2011

25 Pages Posted: 26 Oct 2011

See all articles by Avishalom Westreich

Avishalom Westreich

College of Law and Business - Ramat Gan Law School

Date Written: June 5, 2009

Abstract

The paper has two aims: historical and dogmatic. Historical, in studying two actual Jewish Law traditions in which divorce was issued at the wife’s demand, with analysis of the legal interaction between them; dogmatic, in examining the status of three legal concepts of unilateral termination of marriage derived from these traditions: coercion of a get (a Jewish writ of divorce), terminative conditions, and annulment of marriage. The two topics lead to one integrated outcome: exploring the status of the tools which enable issuance of divorce in Jewish Law against the will of a recalcitrant spouse.

Keywords: Jewish law, marriage, divorce, annulment, coercion, get, genizah, ketubbah, rebellious wife,

Suggested Citation

Westreich, Avishalom, The Wife's Right to Divorce in Jewish Law: History, Dogmatics and Hermeneutics (June 5, 2009). Journal of Jewish Studies, Vol. 62, pp. 340-63, 2011. Available at SSRN: https://ssrn.com/abstract=1949629

Avishalom Westreich (Contact Author)

College of Law and Business - Ramat Gan Law School ( email )

26 Ben-Gurion St.
Ramat Gan, 52275
Israel
+972546550333 (Phone)

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