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Question
I am looking for information on Judaism and divorce. I recently heard about
the Lieberman clause? Can you tell me more about that? Also,
why would one
have to pay for a "get?" That seems very unnerving, as if going through
a divorce isn't difficult and costly enough.
Answer
The
"Lieberman clause" is an invention by Saul Lieberman, a Conservative
rabbi in the 1950's. The clause in the Ketuba stipulates that in case the couple
have any differences in the future, they give over the right for a Bet Din to
rule and force with exaggerated sanctions, a divorce - "Get."
There are similar clauses in the engagement contract ("Tena'im") which
are known, such as the one in "Igrot Moshe" E.H. IV 107. Apparently,
Rav Moshe Feinstein did not want to make changes and reforms in traditional Ketuba
text.
In ibid 106, Rav Moshe was in favor of enacting a secular law,
obligating a "Get" (via sanctions) if there is a separation and a secular
divorce was
granted already.
However, the basic difference between
these laws and conditions mentioned by Rav Moshe, is that it is specifically mentioned:
in the engagement contract; and in the government law - the right to stipulate
before marriage, that only a duly qualified Bet Din (of Torah observant men) will
be authorized to deal with the "Get."
As for "paying for
a Get," only the worst scroundrels have asked their wives to give money.
It is a quite rare occurrence, and is totally denounced by the rabbis.
Rabbi Shraga Simmons
Aish.com
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