Toward a Solution of the Agunah Problem
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For centuries, Jewish women trapped in failed marriages have faced the devastating agunah problem - unable to remarry due to husbands refusing to grant religious divorce. A carefully crafted modification to traditional Jewish marriage vows could provide a solution while preserving halakhic principles. By incorporating the conditional phrase "על דעת בית דין" (subject to the approval of the Beth Din) into the marriage declaration "הרי את מקודשת לי בטבעת זו על דעת בית דין וכדת משה וישראל," rabbinical courts gain explicit authority to intervene in exceptional cases. Comprehensive analysis of Talmudic sources reveals that Jewish marriage inherently involves three parties: bride, groom, and the Jewish community represented by Beth Din. The principle "כל דמקדש אדעתא מקדש" establishes historical precedent for rabbinic marriage annulment, particularly in cases affecting communal welfare. This study demonstrates how the proposed conditional clause differs crucially from the descriptive phrase "כדת משה וישראל," providing clearer authorization for rabbinic intervention while maintaining traditional divorce procedures for ordinary situations. The findings present a halakhically sound mechanism for addressing the agunah crisis without fundamentally altering Jewish matrimonial law.

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Published 1951
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Michael Higger