fe could not initiate a divorce without appealing to a Beit Din, and on the other hand may be divorced without her consent. The Talmud states “A woman may be divorced with her consent or without it”(B. 81). Rabbenu Gershom made a ruling that banned the divorcement of a woman without her consent. Although this is a positive legislation, a Beit Din has the power to revoke it when they deem necessary.The most problematic law is that while it is not always necessary for a woman to consent to a divorce, “a man can give a divorce with only his full consent” (Yevamot 112b) (B. 97). It is then up to the courts and the community to try to convince him to give his wife a divorce. Many women have faced this problem of being an Agunah (anchored wife), chained to her husband until he agrees to a divorce. This problem is even more apparent today while religious morals do not always prevail over greedy husbands who wish to bribe their wives for monetary gains. There are too many cases that show husbands refusing their wives a Get until they are recompensed in some way. Most men are immovable in their demands. Neither courts nor communities can sway their decision. In these cases, women are forced to wait or give in to their husband’s demands. There have been some measures to protect wives against these offenses. The Conservative movement has attempted to deal with this problem through the Ketubah (B.110). An addition that was proposed in 1954 had the couple mutually agree to submit to the authority of a Beit Din to determine the terms for the dissolution of the marriage when it deems this appropriate according to Halakhah (B. 110). Unfortunately, many Orthodox authorities deny these procedures due to technical Halakhic laws. Some women turn to civil courts, posing another problem. Firstly, although it may be solved civilly, Halakhic laws will always prevail. Secondly, the American Constitution forbids any...
