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Lieberman Clause
The Lieberman clause is a clause included in a ''ketubah'' ( Jewish wedding document), created by and named after Talmudic scholar and Jewish Theological Seminary of America professor Saul Lieberman, that stipulates that divorce will be adjudicated by a modern '' bet din'' (rabbinic court) in order to prevent the problem of the agunah, a woman not allowed to remarry religiously because she had never been granted a religious divorce. It was first introduced in the 1950s by rabbis in Judaism's Conservative movement. Background According to ''halakha'' (Jewish law) when a couple gets divorced it is the man who has to present the woman with a bill of divorce, and the woman who has to consent to receive it, called a '' get''. Without one, the couple is still viewed as married, whether a civil divorce is obtained or not. In the past, if a woman was refused a divorce because a man would not give his wife a ''get'', the rabbis of the local Jewish community were authorized, under cer ...
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Kesubah
A ketubah (; ) is a Jewish marriage contract. It is considered an integral part of a Jewish views on marriage, traditional Jewish marriage, and outlines the rights and responsibilities of the groom, in relation to the bride. In modern practice, the ''ketubah'' has no agreed monetary value, and is seldom enforced by civil courts, except in Israel. History According to the Talmud, Babylonian Talmud, the ''ketubah'' was enacted by Simeon ben Shetach so that it might not be a light thing for a man to divorce his wife. The enactment provides for a man's wife to receive a fixed sum of money, usually accruing from his property, in the event of his divorcing her or of his predeceasing her. ''Sefer ha-Chinuch'' suggests a different reason: "...the Torah has commanded us to perform an act before taking a wife, a matter that is intended to show that they are a couple united in wedlock before he lies down with her carnally, and that he not come upon her as one would do to a prostitution, ha ...
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Rabbinical Council Of America
The Rabbinical Council of America (RCA) is one of the world's largest organizations of Orthodox Judaism, Orthodox rabbis; it is affiliated with The Union of Orthodox Jewish Congregations of America, more commonly known as the Orthodox Union (OU). It is one of the two main professional rabbinical association within Modern Orthodox Judaism, Modern Orthodox in the United States along with the International Rabbinic Fellowship. Many rabbis of the RCA are graduates of the Rabbi Isaac Elchanan Theological Seminary of Yeshiva University or otherwise identify with Modern Orthodox Judaism. History The roots of the organization go back to 1923 when it was founded as the Rabbinical Council of the Union of Orthodox Jewish Congregations of America. Its purpose was to perpetuate and promote Orthodox Judaism in the United States. Its members attempted on a number of occasions to merge with other Jewish groups, for the purpose of developing a unified traditional rabbinate for the American Jewish ...
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Jewish Marital Law
Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, religion, and community are highly interrelated, as Judaism is their ethnic religion, though it is not practiced by all ethnic Jews. Despite this, religious Jews regard converts to Judaism as members of the Jewish nation, pursuant to the long-standing conversion process. The Israelites emerged from the pre-existing Canaanite peoples to establish Israel and Judah in the Southern Levant during the Iron Age. John Day (2005), ''In Search of Pre-Exilic Israel'', Bloomsbury Publishing, pp. 47.5 8'In this sense, the emergence of ancient Israel is viewed not as the cause of the demise of Canaanite culture but as its upshot'. Originally, Jews referred to the inhabitants of the kingdom of JudahCf. Marcus Jastrow's ''Dictionary of the Targumim, Talmud Babli, Talmud Yerushalmi and Mid ...
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Agunot
An aguna or agunah (, plural: , ''ʿaḡunoṯ'') is a Jewish woman who is stuck in her marriage as determined by traditional halakha (Jewish law). The classic case is a man who has left on a journey and has not returned or has gone into battle and is missing in action. It is used as a borrowed term to refer to a woman whose husband refuses or is unable to grant her a divorce (which requires a document known as a '' get''). For a divorce to be effective, halakha requires a man to grant his wife a ''get'' of his own free will. Without a ''get,'' no new marriage will be recognized, and any child she might have with another man would be considered a ''mamzer'' (illegitimate). It is sometimes possible for a woman to receive special dispensation from a posek (halakhic authority), called a ''heter agunah'', based on a complex decision supported by substantial evidence that her husband is presumed dead, but this cannot be applied if the husband is alive. Because of the difficulty for ...
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Jewish Views On Marriage
Marriage in Judaism is the documentation of a contract between a Jewish man and a Jewish woman. Because marriage under Jewish law is essentially a private contractual agreement between a man and a woman, it does not require the presence of a rabbi or any other religious official. It is common, however, for rabbis to officiate and there are rules governing the process of betrothal and consecration. Non-Orthodox developments have brought changes in who may marry whom. Intermarriage is often discouraged, though opinions vary. In Judaism, a marriage can end either because of a divorce document given by the man to his wife, or by the death of either party. Certain details, primarily as protections for the wife, were added in Talmudic times. Overview Historic view In traditional Judaism, marriage is viewed as a contractual bond commanded by God in which a Jewish man and a Jewish woman come together to create a relationship in which God is directly involved. Though procreation is ...
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Agunah
An aguna or agunah (, plural: , ''ʿaḡunoṯ'') is a Jewish woman who is stuck in her marriage as determined by traditional halakha (Jewish law). The classic case is a man who has left on a journey and has not returned or has gone into battle and is missing in action. It is used as a borrowed term to refer to a woman whose husband refuses or is unable to grant her a divorce (which requires a document known as a '' get''). For a divorce to be effective, halakha requires a man to grant his wife a ''get'' of his own free will. Without a ''get,'' no new marriage will be recognized, and any child she might have with another man would be considered a '' mamzer'' ( illegitimate). It is sometimes possible for a woman to receive special dispensation from a posek (halakhic authority), called a ''heter agunah'', based on a complex decision supported by substantial evidence that her husband is presumed dead, but this cannot be applied if the husband is alive. Because of the difficulty f ...
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Separation Of Church And State
The separation of church and state is a philosophical and Jurisprudence, jurisprudential concept for defining political distance in the relationship between religious organizations and the State (polity), state. Conceptually, the term refers to the creation of a secular state (with or without legally explicit church-state separation) and to disestablishment, the changing of an existing, formal relationship between the church and the state. The concept originated among early Baptists in America. In 1644, Roger Williams, a Baptist minister and founder of the Rhode Island, state of Rhode Island and the First Baptist Church in America, was the first public official to call for "a wall or hedge of separation" between "the wilderness of the world" and "the garden of the church." Although the concept is older, the exact phrase "separation of church and state" is derived from "wall of separation between Church & State," a term coined by Thomas Jefferson in his 1802 letter to members of t ...
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Denominations Of Judaism
Jewish religious movements, sometimes called " denominations", include diverse groups within Judaism which have developed among Jews from ancient times. Samaritans are also considered ethnic Jews by the Chief Rabbinate of Israel, although they are frequently classified by experts as a sister Hebrew people, who practice a separate branch of Israelite religion. Today in the West, the most prominent divisions are between traditionalist Orthodox movements (including ultratraditionalist and Modern Orthodox branches) and modernist movements such as Reform Judaism originating in late 18th century Europe, Conservative () originating in 19th century Europe, and other smaller ones, including the Reconstructionist and Renewal movements which emerged later in the 20th century in the United States. In Israel, variation is moderately similar, differing from the West in having roots in the Old Yishuv and pre-to-early-state Yemenite infusion, among other influences. For statistical and prac ...
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Posek
In Jewish law, a ''posek'' ( , pl. ''poskim'', ) is a legal scholar who determines the application of ''halakha'', the Jewish religious laws derived from the written and Oral Torah, in cases of Jewish law where previous authorities are inconclusive, or in those situations where no clear ''halakhic'' precedent exists. The decision of a posek is known as a ''psak halakha'' ("ruling of law"; pl. ''piskei halakha'') or simply a "psak". ''Piskei halakha'' are generally recorded in the responsa literature. Orthodox Judaism Poskim play an integral role in Orthodox Judaism. * Generally, each community will regard one of its ''poskim'' as its ''Posek HaDor'' ("posek of the present generation"). * Most rely on the rav in their community (in Hasidic communities, sometimes the rebbe) or the leading posek. Poskim will generally not overrule a specific law unless based on an earlier authority: a posek will generally extend a law to new situations but will not change the Halakhah. ...
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Joseph B
Joseph Ber Soloveitchik ( ''Yosef Dov ha-Levi Soloveychik''; February 27, 1903 – April 9, 1993) was a major United States, American Orthodox Judaism, Orthodox rabbi, Talmudist, and modern Jewish philosophy, Jewish philosopher. He was a scion of the Lithuanian Jews, Lithuanian Jewish Brisk yeshivas, Soloveitchik rabbinic dynasty. As a ''rosh yeshiva'' of Rabbi Isaac Elchanan Theological Seminary (RIETS) at Yeshiva University in New York City, The Rav, as he was known, Semicha, ordained close to 2,000 rabbis over the course of almost half a century. Some Rabbinic literature, such as Sefer (Hebrew), sefer ''Shiurei HaGrid'', refers to him as הגרי"ד, short for "The great Rabbi Yosef Dov". He is regarded as a seminal figure by Modern Orthodox Judaism and served as a guide and role-model for tens of thousands of Jews, both as a Talmudic scholar and as a religious leader. Heritage Joseph Ber Soloveitchik was born on February 27, 1903, in Pruzhany, Russian Empire, Imperial Rus ...
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Halakha
''Halakha'' ( ; , ), also Romanization of Hebrew, transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Judaism, Jewish religious laws that are derived from the Torah, Written and Oral Torah. ''Halakha'' is based on biblical commandments (''Mitzvah, mitzvot''), subsequent Talmudic and Mitzvah#Rabbinic mitzvot, rabbinic laws, and the customs and traditions which were compiled in the many books such as the ''Shulchan Aruch'' or ''Mishneh Torah''. ''Halakha'' is often translated as "Jewish law", although a more literal translation might be "the way to behave" or "the way of walking". The word is derived from the Semitic root, root, which means "to behave" (also "to go" or "to walk"). ''Halakha'' not only guides religious practices and beliefs; it also guides numerous aspects of day-to-day life. Historically, widespread observance of the laws of the Torah is first in evidence beginning in the second century BCE, and some say that the first evide ...
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Chief Rabbinate Of Israel
The Chief Rabbinate of Israel (, ''Ha-Rabbanut Ha-Rashit Li-Yisra'el'') is recognized by law as the supreme rabbinic authority for Judaism in Israel. It was established in 1921 under the British Mandate, and today operates on the basis of the Chief Rabbinate of Israel Law, 1980. The Chief Rabbinate Council assists the two Chief Rabbis, who alternate in its presidency. It has legal and administrative authority to organize religious arrangements for Israeli Jews. It also responds to '' halakhic'' questions submitted by Jewish public bodies in the Diaspora. The Council sets, guides, and supervises agencies within its authority. The Chief Rabbinate of Israel consists of two Chief Rabbis: an Ashkenazi rabbi and a Sephardi rabbi; the latter also is known as the ''Rishon leZion''. The Chief Rabbis are elected for 10-year terms. The present Sephardi Chief Rabbi is David Yosef, and the Ashkenazi Chief Rabbi is Kalman Ber, both of whom began their terms in 2024. The Rabbinate has ...
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