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The Invalidity of Rabbinical Divorces

Sanhedrin, its validity having been
= "41
one of the questions - which Napoleon '"4:43=
submitted to the convention for de-
termination. As stated in Tama's ,
00
of the Parisian San- 1
0i
Legal Aspects of a Problem of Interest to Jews at Home "Transactions
ac
translated by F. D. Kirwan,
and Abroad.
the convention decided (London,
0
1807), (pp. 162-4):
By MAX J. KOHLER
"Repudiation is allowed by the law
o
of Moses, but it is not valid, if not
0
The World War, followed by the public policy or morality of the state" previously pronounced by the French
enactment of United States quota im- (19 Corpus Juris 363; Miller vs. Mil- cade. In the eyes of every Israelite
migration laws, has resulted in aepa- lee, 70 N. Y. Misc. 368), but the au- without exception, submission to the
ra ting many thousand Jewish male thorities recognizing the extra-terri- prince is the first of duties. It is a
residents of the United States from tonal force of a rabbinical "Get" in p r i n ciple generally acknowledged
their wives, located in Eastern Eu- the case put, are so numerous, well- among them, that in everything rela-
rope, and the aeparatoin is likely in established and widespread, that the tive to civil or political interests, the
thousands of cases to continue for limitation in question can scarcely be law of the state is the supreme law.
many years. In some cases, the hue- given any force today, as applied to . . . Consequently, since the time the
MEW 4. ••••
bands have formed new improper ties such divorces, though operative Jews have begun to enter into en-
here, and in a still larger number of where only one party resides in such gagements before the civil officer, no
cases, wives and children abroad feel jurisdiction. In fact, our American one attached to religious principles,
estranged from the absent husband courts have recognized the validity of can repudiate his wife but by a
and father, respectively, and some- non-judicial divorces among Anieri- double divorce—that pronounced by
times feel humiliated and degraded can Indians living in tribal relations the law of the state and that pre-
a
by the long separation, and the based upon mere mutual consent (19 scribed by the law of Moses; so that
WALNUT 3493 t o l
6209 SIXTEENTH ST.
wives, on occasion, would themselves Corpus Juris 863) and numerous under this point of view, it may be
prefer having matrimonial ties termi- countries of Europe today grant ju- justly affirmed that the Jewish reli-
n ated, leaving them free to marry dicial divorces for mere mutual con- gion agred on this subject with the
r-
gain, or at least to get their dowry sent or incompatibility of the tem- civil code." (See also "Jewish En-
back, which return is commonly an perarnent (Report of committee on cyclopedia," Vol. XI, pp. 46-8. "San-
*aa-oaciao-o-D00000
incident of the delivery of a "Get." divorce jurisdiction in twenty-sixth hedrin, French.")
Qa-o-oaoo00o
(See articles "Divorce" by David W. report of Intern. Law Association,
At the Philadelphia Conference of
Amram, in Vol IV of the "Jewish En- 258) in line with the early Roman Reform Rebbis of 1869 (which was
cyclopedia," and the works there custom, permitting the husband to di- ! attended, among others, by David
cited, as also the article "Get" by J. vorce his wife at will. ProbOly the
fullest discussion of the validity of Einhorn, Isaac M. Wise, Samuel
1P.I'llefl+1,1 1L-51T1 "WIT,
H. Greenstone in Vol. V.)
Hirsch, Kaufmann Kohler, Samuel
East-European Jewish divorces in
It is not strange that the desire any Anglo-Saxon case is to be found Adler and Moses Mielziner, it was de-
to terminate marriages by delivery in the opinion in Miller vs. Miller termined that, according to Jewish
law, too, the rabbis in this country
o f a rabbinical devorce, or "Get," has
supra, and, as seen above, there are had been deprived by the law of the
been enormously stimulated by these
two recent New York Appellate Di- land of authority to grant divorces,
unnatural c o n d i tions, especially
vision decisions which recognize the and that same conclusion was reached
among Jews hailing from Eastern Eu-
validity of such divorces, when both at the Conference of German Reform
rope, among whom rabbinical di-
parties are domiciled in a country Rabbis in Augsburg, Germany, in
vorces at the desire of the husband,
permitting their grant, while Surro- July, 1871. (David Philipson's "The
for good or bad cause, or at least by
gate Fowler in In re Spondre supra Reform Movement in Judaism, p.
mutual consent, have not been un-
(98 Misc. at 534.5) strongly argues
common even in normal times. As
490; Dr. B. Felsenthal: "Remarks on
the theory that public policy Some Points in Jewish Law;" Di-
96 WARREN AVENUE WEST, Near CASS
the rabbinical divorce has been legal- against
requires our courts to disregard them. vorce, in 8 Albany Law Journal 293,
ly recognized since time immemorial
The theory upon which such divorces
Phone Northway 5865
for the Jews of Russia, Poland, Rou-
1873.)
are permitted in the East European
mania and portions of Turkish and
As immigration from Eustern Eu-
countries in question is that for the
Austro-Hungarian dominions, among
Jews residing Within such states, their rope began to take on large dimen-
Jews residing there, both by the Jew-
own law governs their legal status in sions in the early eighties, and these
ish law and the law of these countries
various respects, while there is no in- immigrants were accustomed to Jew-
—and commonly there was for them
57575757
.11
consistent local statute applicable. As ish ecclesiastical divorces, radical
no other method of divorce than the
said succinctly by Surrogate Fowler measures seemed to be in order in
rabbinical "Get" — people thus cir-
A. R. Campbell, Vice-President
Elmer H. Christe, President
in the Spondre case: "Although not New York, in order to check such il-
cumstanced
are
disposed
to
continue
David
Oppenheim,
Treasurer
W. T. Greenwood, Secretary
so in this country, in oasis and Rou- legal course, which was likely to
the practice of resorting to rabbinical
mania the Jewish communities con- cause much mischief among many in-
divorces, even in countries where
stitute a sort of imperium in imperio, nocent people. Accordingly, Section
they have no legal validity.
as the state allows them to divorce 376 of the New York Penal Code,
It is, therefore, of great impor- themselves, according to their own now Sec. 1450 of the Penal Law, was
tance that information be widely dis- laws, .the Jlilcisaic Code, embodied in amended upon recommendation of
seminated that such rabbinical di- the Pentateuch; and commented on the New York Board of Jewish Minis-
vorces are absolutely illegal, where or modified in the Talmud." In these ters so as to read:
"Sec. 1450. Solemnizing Unlaw-
one or both parties to the marriage countries, until very recently, at
resides in English-speaking countries, least, the Jews were governed in ful Marriages. A minister or magis-
Adjusters of Fire Losses for the Insured.
for example, as also that rabbis un- large degree by special enactments, trate who solemnizes a marriage
dertaking to execute or deliver them under a system of laws under which when either of the parties is known
1919 Dime Bank Building, Detroit
are guilty of crime in the State of they did not enjoy equal rights with to him to be under the age of legal
New York, for instance.
the majority of inhabitants of the consent, or to be an idiot or insane
The courts in England and the countries in question. Naturally, person, or a marriage to which within
United States have, repeatedly, rec- such "special rights" are not likely his knowledge a legal impediment ex-
Licensed by the Michigan State Insurance Department.
We replace glass in any make car while you wait.
ognized that they must give legal ef- to be continued in countries which, ists, is guilty of a misdemeanor. Un-
fect to rabbinical divorces, where thanks to Jewish emancipation, the til a marriage has been dissolved or
annulled
by
a
proper
tribunal
or
both parties to the marriage at the Jews enjoy "equal rights" with the
court of competent jurisdiction, any
time of the divorce resided in coun- rest of the inhabitants.
person who shall assume to grant a
tries which recognize their validity,
With respect to rabbinical divorces, divorce, in writing, purporting to di-
though they were granted for the basis was the patriarchal right of
wife and permit-
grounds which we ourselves do not the husband, recognized in the Bible, vorce husband and
recognize. A possible limitation upon to divorce his wife when and for what ting them or either of them to law
the general principle applicable, that causes he chooses, except in a few fully marry again, shall be guilty of
a divorce issued by a tribunal having minor cases, though gradually this a misdemeanor punishable by fine for
;500,
jurisdiction over both parties, if valid right was modified and curtailed by the first offense not exceeding
where granted, is valid everywhere, rabbinical law; until it was decreed and for the second offense $1,000, or
If a thief were to steal the contents of your purse.
exists, excepting "cases violating the in the eleventh century, in the inter- imprisonment not exceeding one year,
or both such fine and imprisonment."
est of the wife, that, except for good
you'd call the police.
Even previously, in New York (as
causes, she could not be divorced
But there's a thief who steals something from you
In several other state of the Union,
without her consent. It is still true, Including Delaware, New Hampshire,
every week. There's the washtub, robber of wo-
however, generally speaking, that the Georgia and Kansas), the granting of
wife cannot divorce the husband at divorces was in terms confined by the
man's health and beauty.
all, except by his consent, actual or Constitution to the courts and other
WM. J. OTTER C. E. OTTER
417 FORD BUILDING
Stop this thievery! Call us. Our Trift-T-service
enforced, and that the "Get" can only state constitutions imposed other
N. F. HAMILTON
be delivered by the direction of the limitations upon the granting of di-
will end your troubles. Everything is washed, flat
Randolph 6188
husband to the wife, personally or
work ironed. and the rest of the bundle returned
vorces.
through a duly appointed agent.
The New York statute was given
ready to starch, iron, or hang up to dry.
(See "Jew Encyclopedia" articles such peculiar form by reason of the
cited.) "As the "Get could be made fact that many Orthodox Jews con-
1:3•41,""411•••^ 14 "0 .011e■-■41 r•-■41r..1411•—■04110~
effective according to Jewish law im- sider a rabbinical ceremony essential,
mediately upon its delivery to a mes- both in cases of marriage and di-
gaga Ps7cd_SP.S252S2S251S'
senger duly appointed by her, it vorce, in order to supplement the civil
Costs least of all laundry services, but it gives
would seem that, even according to rite, and hence the right of a minis-
you all the days that you might drown in a washtub.
Jewish law, the jurisdiction of the ter to add rabbinical sanction to n
Everything you send comes back thoroughly washed,
husband's domicile governs,.and that legal judicial decree of divorce was
—in the overwhelming majority of
ready to starch, iron or hang up to dry.
continued.
cases here under consideration—is in
In Saperstone vs. Saperstone, 73
the United States, where the husband N. Y. Miscellaneous Reports, 631, the
resides, and where divorce through Supreme Court in 1911 pronounced
Established 1883.
rabbinical Get is not recognized. It a rabbinical divorce between Russian
may be assumed, for present pur- Jewish subjects as void, where the
poses, that the Jewish law does au- wife resided in Buffalo, N. Y., and
thorize delivery of a Get, where hus- the husband in Odessa, Russia. A
FUNERAL
band and wife are in different coun- rabbi in Odessa had written the di-
Quick Shippers of
tries, even if one of those countries
DIRECTOR
does not authorize rabbinical divorces
—though such case would be compli
eated by the general principle of
Jewish law that the law of the coun-
w:1-oo-ocroo-o-000cio-cmoo-oacl000-o-o-oiroo -o- c o-o-o-o coo-Go o cycl-o oi:H> o o-o a a oo-o-oc-o-o a0000 oo
try of domicile is supreme—but the,
0
question is not disposed of by Jew-
Telephone Glendale 7545 ish law, where the two systems are
a
in conflict, as we will presently see.,
0
In J. D. Eisenstein's article on "The
a
Office and Factory:
Development of Jewish Causuistic
Literature in America," in "Publica-
0
•
JUNCTION AVENUE AND FEDERAL STREET
tions of the American Jewish His-1
3975 CASS AVENUE
torical Society" (No. 12 p. 14-57),
Telephone Lafayette 5355
reference is made to a Get prepared
Corner Alexandrine.
a
by Aabbi Abraham J. Ash in New
York in 1851, for delivery abroad
through the postoffice, but there isl
atbotsaadS7.
0
nothing to indicate that the questions
0
of the conflict of law involved were

1 -J
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SHERIFF
GEO.
A.
ALTERS

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Extends his most sincere greet-
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troit on the occasion of the
Passover.

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—.--ALHAMBRA

THEATER

.-_----
=
-==
=
=

•_.*
_--

•••• ::.

Charles W. Munz

to the fact that at the instance of the

"United Orthodox Hebrew Congrega-
tions" of New York City, headed by
I
Ch i ef Rabbi Jacob Joseph, exudge
-J
Philip J. Joachimson, in 1888, drafted
by-laws, which limited their issuance
iof Gets, and they expressly set

Theatrical Enterprises

forth:

"Such 'Get' is not a dissolution of
__I marriage ender the statutes and laws
of the State of New York. It is
simply a compliance with Ecclesias-
, Deal Law of the Bible and the Hale.
cha of the People of Israel, but it
=cannot be used or applied for any
.w.-- , purpose not expressly authorized or
sanctioned by the laws of this state,
li and is not to be held or considered
' as the exercise of any judicial power
or authority under the laws of this
= state.'
.
i
It in not apparent, however. that
=2
. - _ familiarity with such limitation can
--
be satisfactorily brought home to the
- FA , commonly ignorant parties con-
-
--
_ cerned, and the delivery of such
- 1 document was therefore very dan-1
gerous in itself, moreover, the rules I
-
-
E- - in question were drawn up before'
the''
m the New York Legislature passed
— law of 1893, presently to be consid- ,
ered, making it a crime for a minis-
' ter to be involved in the delivery
of the Get, in general. That a fur-
-
1 ther possible limitation upon its ef9-
fracy was recognized, even in 1888,
— appears from the further rule drawn
ft" up by exJudge Joachimson that Get
- was to issue only upon written appli-
cation of • properly recognized rabbi,
-
_ "showing that proper judicial pro-
....,.
ceedings
are pending in the foreign
-
country for a divorce according to
•
I their laws and that by the laws of
that country the 'Get' will hereby be
judicially recognized."
The invalidity of a "Get," except
'after the persons concerned had been
i' judicially legally divorced, was decid-
ed in 1806 already by the Napoleonic

•

•

XtettitS

6reetings of the Orason to TAFir '4Frienbs
anb Patrons

In presenting pictures, we do our utmost to get what we think
our patrons want; however, if at any time you have any sugges-
tions to offer, we shall be glad to hear from YOU.
ALFRED LANE, Manager.

Woodward at Kenilworth
minsunimommonnommomanomon

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CHARLES W. MUNZ
President

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— OPERATING — . 0 0
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The Grand Riviera Theatre
o

Grand River at Joy Road o o o
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BERT R.

n.

▪ 1.7

G reetings

WILLIAMS

Vice•President

La Salle Garden Theatre

14th St. at W. Grand Blvd.

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HARRIET E. APPLEGATE
Secrety-Tre•surer
•r

The Palace Theatre

130 Monroe Avenue

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The Tuxedo Theatre

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Hamilton Blvd. at Tuxedo Ave.

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