Pages

Tuesday, March 01, 2016

Conditional divorce in the Talmud

THIS WEEK'S DAF YOMI COLUMN BY ADAM KIRSCH IN TABLET: THE FINER POINTS OF TALMUDIC CONTRACT LAW CONTAIN TECHNICALITIES THAT PUT MODERN LEGALESE TO SHAME.
In this week’s Daf Yomi reading, in chapter 7 of Tractate Gittin, the Talmud addressed a new area of divorce law: conditional divorces. As we have seen over the past weeks, divorce in Jewish law is effected by delivery of a bill of divorce, or get, from husband to wife. (Wives cannot divorce their husbands—an inequality that persists in Jewish law to this day and accounts for the problem of agunot in the Orthodox community.) The name of the tractate, Gittin, comes from the term get, and it is well chosen: The rabbis’ focus is always on the document itself, how it is written, witnessed, signed, and delivered. So far, the assumption has been that a get takes effect immediately upon delivery from husband to wife, or from the husband’s appointed agent to the wife’s agent.

But what if a husband draws up a conditional get, one that effects a divorce only in certain circumstances? ...

Earlier Daf Yomi columns are noted here and links.