Getting a Get

Question

I read that a husband must consent to a “get” in order to end a marriage, which has presented a problem for many women who seek a religious divorce in less than amicable situations. Is this true? If so, does a woman have any recourse if her husband refuses the get?

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Answers

  1. Marriage in Jewish Law is a contractual agreement that is made by the husband to his wife. In the Ketubah (the actual contract) the husband makes all kinds of commitments to look after and support his wife. When a marriage comes to an end a divorce contract is drawn up called a Get that brings an end to the marriage and allows each person to marry someone else. If no Get is issued the couple are still married to each other according to Jewish Law – this is so regardless of whether the couple divorced in the civil courts – and the repercussions of not having a Get are disastrous.

    A woman who wants a divorce and whose husband is not cooperating should let the Bet Din (Jewish Court of Law) take care of the matter. In Israel, for example, the courts can impose fines and even jail terms for a recalcitrant husband.

    Best wishes from the AskTheRabbi.org Team