R. Arusi does not refer to other reasons: spiritual judges is fearful of fabricating decisions when you look at the instances involving divorce and you will agunot lest they be the cause of enhancing the matter off bastards internationally in the event that its decisions was wrong
Specific claim that this new failure out-of rabbinical courts to use such as for instance tips comes from the latest reluctance on behalf of rabbinic government to-do things which might one way or another push an effective son to offer new get, lest this improve breakup invalid and you may subsequent marriage adulterous. Other people say that this new rabbinic judge system is over to care for its importance and certainly will datingmentor.org/escort/pearland do nothing which can infringe through to the newest inherent male privilege into the halakhah.
Roentgen. Ratzon Arusi, who specializes in Jewish rules at the Pub-Ilan College, enumerates five good reason why you can still find agunot today, and exactly why ladies are taken advantage of and may also waiting many years prior to acquiring brand new divorces they demand: 1) expanding materialism, deciding to make the updates removed because of the Rosh and you may Rabbenu Tam (your lady wants a separation and divorce due to the fact she has place the lady eyes on various other boy) expected to become acknowledged due to the fact factor in ework from brand new spiritual or civil courtroom so you’re able to weaken the other front side; 4) issue from inside the reaching preparations because of the decree of Rabbenu Gershom (demanding the woman’s accept have the rating); 5) while the region played of the battei din and you may spiritual judges. This new evaluator make legal choices merely according to majority of the brand new poskim, that’s particularly difficult into dilemma of agunah; brand new evaluator remain very short time period to the private times, requiring the happy couple to go back towards the legal several times with restored objections, for this reason carrying out pressure. Most basic is the department anywhere between faith and you will county, where the secularists believe the way to transform halakhah will be to eliminate their expert, due to the fact rabbinical effect is among the most high conservatism, therefore it is unrealistic that they’ll do just about anything radical, instance enacting decrees or annulling marriage ceremonies.
Yet not, merely times that happen to be about courts consistently try known so it special choice din, and that disregards the newest challenges of feamales in the brand new meantime
R. Arusi suggests that if we want a solution to depend on rabbis and Torah sages, that is, those who are duly appointed by Israeli law to make the decisions in divorce cases, we must take into account the causes of aginut mentioned above and create solutions in tune with those causes. He suggests that due to the tension between state and religion, the rabbis are particularly sensitive about the views of the secular majority. Only through the power of halakhah, commentary on it, and decisions about it, will a solution be found. Like Finklestein and others, R. Arusi believes that if the sanctions allowed by the 1995 Israeli statute were used even in cases where the decision is only to require a get (hiyuv), they could prevent aginut. He refers to the success of the special bet din in dealing with difficult cases of aginut. According to R. Arusi, we need only establish the regular use of this court, since the rabbinate would be happy to deal with any case which might possibly lead to aginut. This court deals intensively with each case until the get is given. R. Arusi suggests appointing an overseer of all divorce files. If there is any suspicion of aginut or if refusal to grant a get is found in any of the files, those cases should be referred to the special court. He argues against the proliferation of legal bodies dealing with the issue of divorce, claiming that in a situation where there are several courts which could have a stake in the divorce process, the bet din cannot work effectively. R. Arusi notes that some rabbis even claim that civil marriage has halakhic standing and would require a get le-humra (a writ of divorce required as a measure of added stringency) in order to allow rezerut still exists with civil marriage. This claim is made to keep control over marriage and divorce exclusively in the hands of the rabbis. R. Arusi believes that kiddushin is not only a private issue but also a matter of public concern and is, therefore, in need of communal “sanctification” and sanction. He is, however, assuming goodwill and willingness to cooperate on the part of the rabbinate, an unwarranted assumption in light of the complicity many battei din have shown when dealing with cases of extortion. R. Emanuel Rackman noted that the common divorce situation often makes the rabbi wittingly or unwittingly an instrument of extortion by the husband.