Religious Courts Are Treating Agunot Unfairly

Tuesday, October 25, 2011
Rivka Haut And Susan Aranoff

There is a disturbing new threat to agunot — women unable to obtain a religious divorce. And only those involved in contentious divorces know about it.

Rabbinical court judges are robbing these women of the civil liberties they are entitled to as United States citizens, insisting that agunot litigate all aspects of their divorce in batei din, religious courts. When they refuse to forfeit their right to litigate in civil court, batei din threaten them with a seruv, a contempt citation. A seruv can be published in newspapers, publicized in store windows and taped to lampposts. It informs a community that the person refuses to accept the jurisdiction of a beit din. It exposes a woman to public humiliation and ostracism at a time when the community should be mobilizing to support her.

But agunot have good reason to fear putting their safety and financial security and that of their children in the hands of batei din. A woman entering a beit din will face three male rabbis, who will judge her mothering skills, and piety. That’s in contrast to civil courts, where social workers and child psychologists are consulted, and guardians are appointed to ensure the welfare of minor children. When dealing with custody and visitation of boys, batei din may emphasize matters important to Orthodox men, such as learning Talmud. We know of several instances where violence against children was downplayed in custody and visitation disputes, and diligence in prayer and study emphasized, resulting in decisions awarding abusive fathers greater and unsupervised visitation.

We have each spent some 30 years as volunteers assisting spouses as they navigate the beit din system. We have often seen agunot stripped of alimony, child support and marital assets. Because the husband must grant the get willingly, rabbis try to appease him at the wife’s expense.

http://www.thejewishweek.com/editorial_opinion/opinion/religious_courts_are_treating_agunot_unfairly_0