Legal Definitions - rabbinical divorce

Rabbinical divorce refers to the dissolution of a Jewish marriage according to Jewish law (Halakha). This process is distinct from a civil divorce, which ends a marriage under the laws of a particular country or state. For Jewish individuals to be considered divorced within the Jewish faith and to be permitted to remarry another Jew according to religious tradition, a rabbinical divorce is typically required.

The central document in a rabbinical divorce is called a "get," which is a bill of divorce presented by the husband to his wife. This process is usually overseen by a rabbinical court (beit din) to ensure it adheres to the specific requirements of Jewish law.

Here are some examples illustrating the concept of rabbinical divorce:

• Example 1: Civil and Religious Divorce in Parallel

  Sarah and Michael, both Jewish, decide to end their marriage while living in the United Kingdom. They successfully obtain a civil divorce through the UK court system, legally dissolving their marriage under British law. However, for them to be considered unmarried within the Jewish community and for either of them to remarry another Jewish person in a religiously recognized ceremony, they must also go through the process of obtaining a rabbinical divorce. This involves Michael presenting a "get" to Sarah, usually facilitated by a rabbinical court. Without this, any subsequent marriage for Sarah or Michael to another Jew would not be recognized as valid by most Orthodox and Conservative Jewish authorities, despite their civil divorce.

• Example 2: The Impact of Withholding a "Get"

  After a difficult separation, Leah and Daniel, a Jewish couple, finalize their civil divorce in Australia. Daniel, however, refuses to cooperate in the process of granting Leah a "get," the necessary document for a rabbinical divorce. Because Daniel withholds the "get," Leah is considered an "agunah" (a chained woman) under Jewish law. Despite being legally divorced by the Australian government, she is not free to remarry within the Jewish faith. This situation highlights how a rabbinical divorce is a distinct and often necessary religious proceeding, separate from civil legal processes, and its absence can have profound implications for an individual's religious status and future marriage prospects within the Jewish community.

• Example 3: Realizing the Need for a Rabbinical Divorce Years Later

  Rebecca, who is Jewish, was civilly divorced from her first husband, Adam, fifteen years ago in the United States. She later meets a new partner, also Jewish, and they decide to marry in a traditional Jewish ceremony. As they begin planning, Rebecca realizes that while her civil divorce was finalized long ago, she never obtained a "get" from Adam. Her desire to remarry within Jewish tradition necessitates obtaining a rabbinical divorce from her previous marriage. Even though her civil marriage ended over a decade ago, her status within Jewish law remains married until the "get" is issued and accepted. This demonstrates that a rabbinical divorce is not merely a formality but a fundamental requirement for religious marital status, independent of the timeline or existence of a civil divorce.