Tag: Get

The Stamford Hill protest (Laura ben David) 

On a dreary March morning in Stamford Hill, 10 of us stood in Clapton Common holding signs in English and Yiddish.

A woman walked past us and slowed her stride, careful not to stop, as though aware that others were watching. “Thank you,” she said, her face a mask of controlled but pained emotion. “Thank you for doing this. It’s so important… I waited for so long and no one showed up for me.”

And then she was gone. Just another Chasidic woman with a cropped modest wig covered with a secondary head covering, blending into the streets of Stamford Hill.

We looked at one another, struck silent. The exchange, just seconds long, had put tears in our eyes. Though we were there for one woman, Leah Hochauser, who had been waiting eight years for her get, it was clear that our actions could affect so many more.

The protest was, as far as we know, the first of its kind in Stamford Hill. We called for Chaim Yeshaye Hochauser to free his wife and grant her a get.

Though he has been called at least five times to Keddasia Beis Din, he has not shown up. His ailing wife, Leah, simply wants to be free of her dead marriage. Aside from the emotional turmoil caused by being denied a get, Leah also suffers with a serious medical condition. Hochauser doesn’t seem to care.

Numerous people stopped to talk to us, men and women. Some stared, others recorded us and still others yelled, asking why we were doing this in public.

A number of people sympathised, but didn’t understand what they could possibly do to help. A few said they would speak to him.

In reality, however, get refusal is everyone’s problem and everyone has a role in resolving it. It is a man-made problem which calls for man-made solutions.

According to Ramie Smith of GettOutUK, which represents people seeking Jewish divorce (Leah is their current client, along with 10 other Jewish women): “Men who withhold a get have no consequences. The woman suffers, raising her children, often in poverty, alone and feeling helpless. By showing a man that his neighbours will know that he is abusing his wife, that he is ignoring the Beis Din order to appear, we can have an impact.  We hope that Stamford Hill will come together as a community and convince Chaim Yeshaye to end his abusive behaviour, freeing Leah to live her life.”

In the past year-and-a-half, GettOutUK has helped 13 women gain their freedom. Their stories are extremely difficult to hear.

But hearing them is imperative if we are going to heal the nightmare that Jewish divorce has become. And we as a community can end it. During my visit to London earlier this month, we sat with nine former and current agunot.

The women ranged in age from 25 to 65, with one woman having been alive for as long as another had waited for her freedom. They also ranged in religious observance, from strictly-Orthodox Chassidic to non-observant.

While every story is unique, themes and patterns emerged during this conversation which we, the community, need to understand and address.

Every woman who has a Jewish wedding is a potential agunah, and men can also be trapped.

Together we can end this nightmare if we make certain behaviours and practices standard. With that in mind, we created the 10 Commandments of get abuse to help the community end get refusal:

1) Sign a Halachic pre- or post-nuptial agreement. While a bit more complicated in the UK, this is becoming standard around the world as a community vaccine for get refusal;

2) Hold your leaders accountable. Ask what they are doing to safeguard the integrity of Jewish marriage;

3) Insist on transparency in the Jewish divorce process, asking how long a divorce takes and how much money it costs;

4) Encourage synagogues to define a policy against get abuse which is public and enforced. This includes barring refusers from ritual participation and shul membership;

5) Urge religious leaders to speak publicly about get abuse from the pulpit;

6) Do not allow get abusers to feel safe and comfortable in your community. Do not invite them to shabbat meals, or communal events;

7) Do not make excuses. Abuse is abuse;

8) Do not allow extortion for the sake of a get. No one should buy their freedom;

9) “Do not stand idly by” (Leviticus 19:17). It is our job to get involved;

10) Do not allow abuse in the name of Torah.

Adopting these measures is a first step. You never know who you can save by speaking out.

Originally published on The Jewish Chronicle

No email was ever answered.”

“I was clueless about the process.”

“I didn’t feel they understood enough about abuse.” 

For hundreds of women and men navigating the divorce process in the Jewish court (beit din) each year, the journey is full of roadblocks. There is confusion about how the system works. Courts and judges lack training on domestic abuse, and the pressure to give in to unreasonable demands in exchange for a bill of divorce (“get”) and the freedom it brings is constant. Many women feel they are going through it alone, without the support and guidance of their leaders, communities, and the Jewish world at large.

To better understand where the system can improve, we created a survey to collect hard data about people’s experiences with the process of divorce in batei din around the world. Responses poured in from people around the Jewish world: the United States, Canada, the United Kingdom, France, South Africa, Australia, Israel, Brazil, and more.

When we created the “Beit Din Experience Survey,” we knew the results would be difficult to see. But we were not prepared for the heartbreak, grief, anger, and regret that are in the responses, which have been pouring in.

“He was violent, and I ended up in a shelter with my child and they wouldn’t help.”

“I was forced to sign away my marital property and much more in exchange for a get.

Get-abuse is a serious problem all over the world, in every denomination and segment of the Jewish community. This abuse has many faces. It can look like financial extortion. It can manifest in demands on custody agreements. It can present as a demand to give up the rights to one’s marital home. When the full picture of get-abuse becomes clear, what becomes even clearer is that it is far more common and far-reaching than we think.

But we also know that when batei din have proper training, oversight, and accountability, they can provide fair and wise forums for navigating difficult divorces. We know that when communities take proactive steps to address get-refusal by implementing tools such as halachic prenups and synagogue bylaws, instances of get-abuse go down. We know that by refusing to stay silent on this critical issue, agunot (the women chained in unwanted marriages) will not have to struggle alone — instead, they will feel the love and support of all of the Jewish people behind them.

The Jewish community does not have to — and indeed must not — accept get-refusal in our midst. The sanctity of Jewish marriage is severely damaged when women wait years for their freedom. Unlike tragedies that strike at random, get-refusal is something we can solve, if we, as a community, are determined to do so.

* * *

As we observe International Agunah Day, remember that, like Esther and Mordechai, you can be the voice our community needs to address this injustice. See our Ten Commandments of Gett Abuse below, print a copy for your shul or organization, and together let’s remove the nightmare of get-refusal from our midst, and create a community where Jewish marriage has integrity and no one is held hostage or abused in the name of Torah.

The 10 Commandments of Get-Refusal

To demonstrate each commandment, we have excerpted a real survey response from people who have personal experience in a Jewish divorce court.

  1. Sign a halachic prenup/postnup
    “I did not have a prenup and the man I married was an abusive criminal.”

2. Hold leaders accountable 
“The dayanim (judges) need to understand that they are dealing with very vulnerable people.”
“I was repeatedly singled out and shamed because I was a woman asking for a divorce.”

3. Insist on transparency in the process
“They delayed the date three times”
“There was a lack of steady communication.”
“I didn’t get guidance beforehand.”

4. Encourage shuls to make a public and enforced policy against get-refusal
“I didn’t’ feel like there was any support.”
“This process truly turned me away from Orthodoxy.”

5. Urge leaders to speak about get-abuse from the pulpit
“I never feel listened to.”
“My (ex) husband started to say something about withholding the get, and the rabbi cut him short and said, very firmly, “We are not going there.”

6. Do NOT allow abusers to feel comfortable in your community.
“The issue is that the beit din does not understand narcissistic abuse.”
“They did not understand how he was being abusive and using them to manipulate me.”

7. Do NOT make excuses
“They contacted my ex about the get. He says he is not withholding, but waiting and the beit din will do nothing.”

8. Do NOT allow extortion for the sake of a get
“The sad fact is that I had to pay extortion fees for my get, and even today, I am still paying off the debt.”
“All the things that happened were out of fear that he would make me agunah. I ultimately gave up asking for any money because of that fear.”
“At one point, a rabbi told me that I had a gun to my head so to speak — that I should give in to the guy’s demands.”

9. Do NOT stand idly by
“He was violent and they wouldn’t help.”

10. Do NOT allow abuse in the name of Torah
“There was no sensitivity to my survival of domestic abuse.”

* * *

The Ten Commandments of Gett Abuse and this survey are a joint project of Chochmat Nashim, GettOutUK, and ORA — three organizations in three countries which see the same failures in the system, and the same opportunities for change in the community.

The future of Jewish marriage matters to us all. And contrary to what many say, agunot do not have to be an inevitable part of Judaism. The women and men chained in marriage today are not victims of tragedy, but victims of abuse. We can, and must, end this shame by refusing to accept get-refusal and by insisting on proper training for the courts’ judges.

Please join us.

If you would like to sign a halahic pre- or postnup to add your voices to the thousands who want to see an end to get-abuse, write to info@chochmatnashim.org with your name and the country in which you live.

If you have experience seeking divorce in the beit din, add your voice to the survey in English outside of Israel, for experience in Israel, or in French for batei din outside of Israel.

The above was co-authored by Shoshanna Keats Jaskoll (Chochmat Nashim), Keshet Starr (ORA), and Ramie Smith (GettOutUK). 

Originally published on The Times of Israel

-In which we update you on the long-awaited divorces, and why Nikki Haley wasn’t featured in Mishpacha magazine.
– In which role models knock themselves off their own pedestals, and we the dismayed must handle the contradiction between their conduct and their roles.
– And in which we DISH on Pesach, a year later, and the Golan.

Zvia Gordetsky has waited 17 years to be free of the man who prefers jail to granting her a divorce. Her case is unusual because unlike what happens too often, the religious courts did nearly everything they “should” do, and still she is not free.

Normally in Israel, where the religious courts have power to punish withholders, a woman only waits for a get because the court did not order the husband to give her one. In this case, within six months of asking for a divorce, the religious court ordered Zvia’s husband to grant it. When he refused, they told him he would be put in jail. He showed up to the next hearing with a packed suitcase, ready to move into prison. Since then, he has been offered the chance to grant the divorce — and leave prison — every six months. His response is: “They won’t break me.”

That the “system” worked as it should and Zvia — who told me her story personally — is still chained, has made this case shocking to those who are used to tragic stories of get abuse. That Zvia has chosen the desperate act of a hunger strike for her freedom makes it clear that she feels everything else has failed.

Read more in the UK Jewish Chronicle

Too often, we speak of the plight of the agunah as if it were an inevitable, albeit tragic, fact of life. Like cancer or a natural disaster, we are passive in the face of this devastating misfortune. It could happen to anyone, we say.

MK Aliza Lavie

MK Aliza Lavie

Every year, the special “Misheberach [Prayer] for the Agunahcirculates on social media as we plead God to alleviate the agunah’s suffering. Some even cite the fixture of the agunah as a testament to a community’s piety, the noble victim whose “sacrifice is a public, ongoing reaffirmation of the legitimacy and inviolability of the religious laws surrounding marriage and divorce.” A prominent halachist famously remarked that the unsolved agunah problem was his own “personal akedah,” evoking Abraham’s morally conflicted sacrifice of his son. Just yesterday, in a special Knesset meeting, one woman proposed to enshrine the status of agunah as a special legal category as a way for agunot to obtain eligibility for single mother benefits from the state.

Former MK Dov Lipman

Former MK Dov Lipman

As a community, we have settled — uncomfortably — into the reality that the agunah problem is one to be managed, not solved.

By treating it as a divine decree, however — an act of God rather than an aggression of man — we exempt ourselves from liability or claims of negligence. Our personal agency does not even factor into the equation. Such thinking leads to the types of “solutions” mentioned above — ones that express sympathy or even outrage but are always looking back, reactively, to a problem.

 

 

 

Read more on the Times of Israel

Rachel Stomel

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