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The Agunah Problem Again a New Suggestio

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When thousands of Jewish women remain trapped in unwanted marriages, a carefully constructed modification to traditional Jewish marriage formulations may offer a viable solution to the enduring agunah crisis. By incorporating "al da'at beit din" (subject to rabbinical court approval) into both the kiddushin formula and ketubah, rabbinical courts could gain the authority to retroactively annul marriages when necessary. Analysis of Talmudic and halakhic sources reveals historical precedents for conditional marriages and rabbinical dissolution powers, while addressing key concerns about the proposal's validity. The condition proves resistant to unilateral cancellation by the groom due to its dependence on external rabbinical authority, and evidence shows similar annulments were practiced in medieval times. Importantly, children from subsequently annulled marriages would maintain legitimate status under Jewish law, as offspring of Jewish parents born out of wedlock are considered legitimate. Though orthodox authorities may resist this innovation, the widespread nature of contemporary agunah cases demands practical halakhic solutions that follow the precedent of historical rabbinical takanot in addressing pressing communal needs within Jewish legal parameters.

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    Published 1950

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    Michael Higger