Reviewing Rabbinic Authority: The Vision and the Reality. By A. Yehuda Warburg. (2017) Urim Publications. 384 pages. Hardcover.
ISBN-10: 965524251X.
“Rabbinic Authority: The Vision and the Reality” is the third in a series of volumes that deal with an introduction to the scope of halachic divorce in general and the workings of the institution of the beit din (rabbinic arbitration) dealing with the modern day agunah in particular.
In this work, Rabbi A. Yehuda (Ronnie) Warburg presents nine rulings in cases of Jewish family divorce that he handed down as a member of a beit din panel as well as essays dealing with the propriety of a conditional divorce, a divorcee’s relief from the consequences of an exploitative divorce agreement, a presentation of two types of bittul kiddushin (voiding a marriage) and inquiry into the varying halachic traditions regarding the appropriateness of a divorcee marrying a kohen.
In his work, Rabbi Warburg addresses the following questions: How does halacha address the consensual nature of halachic divorce? Under what conditions may a beit din obligate a husband to give a get unconditionally? In the event of a husband’s continued refusal to give a get, what ammunition is in the halachic arsenal to address this phenomenon, a matter that our community has been grappling with for many years? Obviously, for those rabbinic authorities and communities who endorse the execution of a prenuptial agreement, a divorcing couple in these communities may find solace in the fact that generally the matter of igun (loosely translated—“being chained”—i.e., via the withholding of a get) will not rear its head. However, for the thousands of couples who have been married for decades without the execution of a prenuptial agreement and for those who continue to be married without availing themselves of this agreement, either out of ignorance that such a panacea exists or due to the fact that their rabbinic decisors reject their implementation, what do we have in our halachic stockpile for one of these wives to wage a war against a husband’s refusal to give a get?
May a beit din direct the imposition of social and economic isolating measures introduced in 12th-century Ashkenaz known in halachic parlance as “harhakot of Rabbeinu Tam”? Must a beit din have grounds to obligate a get (“hiyuv le-garesh”) prior to invoking these measures or is it sufficient to render a ruling of recommending a husband to give a get? Are there grounds to authorize a wife to litigate her monetary claims in civil court, which may result in a husband’s willingness to give a get? Upon discovery that there were no eidim (witnesses) under the huppah during the time of kiddushin who heard the husband reciting “harei at mekudeshet li…” and witnessed the mesirah (the husband placing a ring on his prospective wife’s finger), or that an eid was (or both eidim were) ineligible to serve as a witness, may a ruling be handed down by a beit din to be mevatel the kiddushin (loosely translated as “voiding the marriage”) and thereby obviate the requirement for a get? Can the invalidation of a qualified eid kiddushin result in bittul kiddushin?
If a husband intentionally or unintentionally fails to disclose to his prospective spouse prior to marriage that he had a “mum gadol” (a major flaw) such as being impotent, unwilling to have children, gay, mentally dysfunctional or a criminal, are there grounds to void such a marriage and under what conditions can it be done? May a marriage be voided due to the husband’s behavior after the onset of the marriage based upon an umdana (the assessed expectation) that had she known prior to the marriage that he would conduct himself in a certain fashion, she never would have married him?
Under what conditions, if any, is a beit din empowered to give a get on behalf of the husband to his wife? There is well-trodden mesorah (tradition) that, in accordance with certain Poskim (halachic authorities), a beit din will confer the benefit of a get upon the husband in the scenario of an adulterous or apostate wife who refuses to receive a get. Does such a mesorah exist regarding an agunah where the husband “stands and screams” that he refuses to give a get? In the absence of a mesorah, can one present a halachically cogent basis for freeing an agunah via the vehicle of her receiving a get from a beit din due to the fact that it is an absolute benefit of the husband to give it? Though an infrequent occurrence, the author realizes that the matter of igun extends itself to a situation where a wife refuses to receive a get; consequently, one of the beit din rulings responds to this issue as well. Finally, in Rabbi Warburg’s preface as well as in a more detailed fashion in one of his rulings he addresses whether a beit din panel is obligated to procure “a second opinion” that endorses their position prior to handing down a decision and whether one may rely on a minority opinion to release a woman from the chains of igun.
To magnify the significance of all these questions, in his preface, Rabbi Warburg notes that according to Rabbi Eliyahu Alfandri, get recalcitrance entails “withholding good from our friends” and as such is an infraction of “loving your neighbor like yourself” and “failing to rescue him.” Citing Rabbi Sinai Sapir’s observation that the condition of igun entails pikuach nefesh (danger to life), he informs the reader that he has chosen to use dark red as the background color for his book cover. Human blood is always red. Usually, when it is oxygenated it is bright red. However, when it is depleted of oxygen, it is a darker red. Metaphorically speaking, an agunah has dark red blood. Minimally, freeing an agunah entails the preservation of her mental health and maximally it may involve the saving of human life. In his work, he writes that he has met three agunot who have threatened to commit suicide due to their intractable situation.
In short, in this work, Rabbi Warburg “shatters the silence” by communicating to the reader the different avenues that have been utilized by rabbinic authorities throughout the ages to address the plight of the modern-day agunah.
This book is available in local seforim stores and on Amazon.com.
