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The Jewish Agunah, the "Chained Wife"

by David R. Ferguson

The following links will be beneficial to anyone interested in learning from a Jewish perspective what was commanded for a man to divorce his wife legally according to the Law of Moses. What is ascertained quickly is the truth that a woman was not divorced from her husband until she had received the writing of the bill of divorcement (the get). If she was only put away, sent from the house, she was not free to marry another man, for she was still married to her husband. This is exactly what Jesus said and taught in Matthew 19. He never forbid a divorced woman from marrying another man, and He never said they were eternally bound. Had He said either of these statements, then He would have violated the Law of Moses (Deuteronomy 24:1-4) that said a woman who was divorced was free to marry another man, and therefore, He would have been in violation of Deuteronomy 4:2 and Deuteronomy 12:32. Had He sinned, then none of us have any hope of salvation.

http://www.myjewish learning.com/lifecycle/Divorce/Issues/Agunot.htm?OVRAW=agunah&OVKEY=agunah&OVMTC=standard

The Jews have a word for a woman who has been put away without being given the writing of the bill of divorcement which would allow her to marry another man, and that is agunah. It means "the chained wife". She was chained to a man who did not love her or care for her, and her chaining to him meant that she was not allowed to marry another man.

http://www.jewishvirtuallibrary.org/jsource/Judaism/agunot1.html

http://www.jewishvirtuallibrary.org/jsource/Judaism/Divorce.html

From the above link:

"Get is the Hebrew word for divorce document. Since a Jewish marriage is entered into by the issuance of a legal contract between husband and wife, it can be terminated only by the issuance of a legal writ nullifying the original contract. A get may not be issued unless a civil divorce is first obtained, just as a Jewish marriage ceremony may not be conducted without first fulfilling all civil requirements. Reform Jews believe that a civil divorce is sufficient for remarriage. According to Jewish law, a marriage is not dissolved until a bill of divorce, get, is exchanged between husband and wife. Most non­Reform American rabbis, and all rabbis in Israel, will not officiate at a wedding if either party has been divorced without a get.

"A Jewish divorce is similar to many present­day legal transactions. A divorce contract is drawn up under rabbinical supervision and signed by witnesses. The husband and wife are not subject to personal questions. If they choose to, they need not be present together. A Jewish divorce usually takes an hour or two, during which time the get is prepared and executed. The parties are expected to provide proof of identification, and will be asked some formal questions to make it clear that the get is being executed on their behalf without coercion. Costs may vary in different cases, but on the average, a get costs $350."

Jesus condemned the Pharisees for this practice of putting away their wives without giving them the get in Luke 16:14-18 when He said the following:

"And the Pharisees, who were lovers of money, heard all these things; and they scoffed at Him. And He said unto them, 'Ye are they that justify yourselves in the sight of men; but God knoweth your hearts: for that which is exalted among men is an abomination in the sight of God. The law and the prophets were until John: from that time the gospel of the kingdom of God is preached, and every man entereth violently into it. But it is easier for heaven and earth to pass away, than for one tittle of the law to fall. Every one that putteth away his wife, and marrieth another, committeth adultery: and he that marrieth one that is put away from a husband committeth adultery.'"

If a man did not give the writing of the bill of divorcement he kept the dowry for himself. Jesus said they were lovers of money. Their lust for money led them to commit adultery by not keeping the Law of Moses as it was written. Jesus also reminded them that not one tittle of the law would fall or fail. They may have thought the get was unimportant, but Jesus said it was. It was so important that to ignore it was to do so at one's own peril, for it would lead one to commit adultery, which was a sin punishable by death (Leviticus 19:20; Leviticus 20:10).