Gett - Refusal To Provide A get

Refusal To Provide A get

The laws of gittin only provide for a divorce initiated by the husband. However, the wife has the right to sue for divorce in a rabbinical court. The court, if finding just cause, will require the husband to divorce his wife. Historically, a husband who refused the court's demand that he divorce his wife would be subjected to various penalties in order to pressure him into granting a divorce. Such penalties included excommunication, monetary punishments, and corporal punishment--including forcing the husband to spend the night at an unmarked grave (with the implication that it could become his grave). In modern-day Israel, rabbinical courts have the power to sentence a husband to prison, and to impose additional penalties within prison such as solitary confinement to compel him to grant his wife a get. Rabbinical courts outside of Israel do not have sufficient power to enforce such penalties. This sometimes leads to a situation in which the husband makes demands of the court and of his wife, demanding a monetary settlement or other benefits, such as child custody, in exchange for the get. Jewish feminists have characterized such demands as "ransom".

Sometimes a man will completely refuse to grant a divorce. This leaves his wife with no possibility of remarriage within Orthodox Judaism. Such a woman is called a mesorevet get (literally "refused a divorce"), if a court determined she is entitled to a divorce. Such a man who refuses to give his wife a get is frequently spurned by the Orthodox community, and excluded from communal religious activities. It is hoped that this pressure will encourage him to grant the divorce.

While it is widely assumed that the problem lies primarily in men refusing to grant the get to their wives and that it is a widespread issue, in Israel, figures released from the chief rabbinate show that men are equally victimized and that the numbers are a couple of hundred on each side. However, such a husband has the option of seeking a Heter meah rabbanim, whilst no similar option exists for the wife.

In the Conservative movement a traditional get is required. However, in cases where the husband refuses to grant the get and the Bet Din (Rabbinic Court) has ruled that the husband's refusal is not justified, the marital condition may be terminated by hafqa'at kiddushin, or annulment of the marriage. This requires a majority vote of the Joint Bet Din of the movement, which is made up of nine rabbinic scholars. Upon their authorization of the process, the Bet Din may issue a certificate of annulment. This protocol is viewed as extreme and is invoked only in cases of dire necessity.