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46
Friday, February 6, 1987
THE DETROIT JEWISH NEWS
NEWS
Rabbi Urges 'Initiative'
On Jewish Divorce Issue
New York (JTA) — Rabbi
Haskel Lookstein, president
of the New York Board of
Rabbis, recently urged his col-
leagues in all three trends of
Judaism to "undertake a ma-
jor initiative" aimed at solv-
ing one of the most vexing
and divisive problems in
Jewish community and fam-
ily life — the get, or religious
divorce.
Lookstein, who is rabbi of
Congregation Kehilat Jesh-
urun in Manhattan, defined
the central problems and of-
fered solutions at the Board
of Rabbis annual meeting
here at which he was re-
elected to another one-year
term as president.
"The first problem con-
cerns encouraging Jews to ob-
tain a get prior to remar-
riage," he said. The second
"results from a recalcitrant
partner to a previous mar-
riage who refuses to give or
accept a get after a civil
divorce has been granted."
The get is not a universal
requirement. Many Reform
rabbis will perform a second
marriage where one or both of
the previously married part-
ners has not obtained a re-
ligious divorce. Orthodox and
Conservative rabbis general-
ly will not.
Lookstein pointed out that
a second marriage where
there has been no get is con-
sidered adulterous under
Jewish religious law and the
offspring of such marriages
are "mamzerim" — illegiti-
mate "I appeal to all of my
colleagues to compromise on
this and to require a get
before remarriage," said
Lookstein, whose stated goal
is to "avoid all future
mamzerut in America."
He pointed out that il-
legitimate persons may never
marry religiously into the
Jewish community and have
no resource, such as con-
version, to alter their status.
Lookstein called on the
Board of Rabbis to resolve
that none of its members
should officiate at a second
marriage unless and until
every possible effort has been
made to obtain a get for the
partner who needs it.
With respect to the second
problem, the Board of Rabbis
president noted that "there
are at present thousands of
men and women — mostly
women — who have received
a civil divorce but who are
prevented from entering a
second marriage because of a
vindictive or avaricious for-
mer spouse who refuses to co-
operate in the get process:'
, He proposed the strongest
possible sanctions against
such a spouse, including de-
nial of all honors or privileges
of membership in a synagogue
or temple. "This kind of social
pressure will have a great im-
pact on recalcitrant spouses
and may go a long way to-
ward eliminating the prob-
lem," Lookstein said, adding
that "the publicity alone
which will attend the accept-
ance of such a proposal may
greatly enhance the get pro-
cess."
In urging that the get re-
quirement be made universal
in all trends of Judaism,
Lookstein acknowledged
"problems with the non-egal-
itarian structure of a get."
Under Jewish law only the
male partner to the marriage
can give a get. But "the prob-
lem of mamzerut is sufficient-
ly grave to warrant a com-
promise on the issue of
egalitarianism," Lookstein
maintained.
Ironically, the issue of non-
egalitarianism has arisen in
connection with New York
State legislation enacted
several years ago, known at
the Get Law, which is in-
tended to protect women
seeking a get from a spouse
who refuses to give one.
The law requires that in
order to obtain a civil divorce
decree in New York State, the
complainant must remove all
barriers to future remarriage
of the other party.
Julie Frank, of New York
City Council President An-
drew Stein's office who is
knowledgeable on the Get
Law, said that it works only
when the male partner is the
complainant. A woman com-
plainant may agree to remove
all barriers to future re-
marriage of her spouse but it
is meaningless because a wo-
man cannot give a get, Frank
said.
Lookstein offered a another
solution to the problem of a
recalcitrant spouse that mem-
bers of the Board of Rabbis
urge all prospective brides
and grooms to sign a prenup-
tial, civil agreement pledging
to cooperate in giving and
receiving a get should their
marriage end in divorce.
He said he has been using
such an agreement at his con-
gregation for the past five
years which provides a model
and which conforms with
New York State law and is
halachically acceptable;
Lookstein's presentation
was generally supported by
members of the Board of Rab-
bis. There were two responses
at the meeting, however.
Rabbi Marc Gelman of
Thmple Beth Torah in Dix
Hills, Long Island, asserted
that the entire subject of
egalitarianism and sexism in
the get process requires much
more study. He said many Re-
.