Between Civil and Religious Law The Plight of the Agunah in American Society

9780313284717

0313284717

Breitowitz focuses on what many regard as the cutting issue of Jewish law as it grapples with the disintegrative forces of twentieth-century life: the problem of the Agunah or "stranded wife." In addition, the Agunah issue raises intriguing questions about the impotence of religious law in a secular society and how the establishment and free exercise clauses intersect to facilitate or hinder the accommodation of religious interests. All legal avenues available to secure relief are discussed, including the use of prenuptial agreements, the application of tort theory, and the rather exotic approach of the New York Get law, as well as the constitutional and common law impediments, to the implementation of these remedies. The text also includes comparative law material to illustrate how other legal systems, particularly the state of Israel, have handled this problem. As the most comprehensive book on the subject, it is invaluable to students of Jewish and family law and to practitioners of family law.