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Montevideo - Uruguay Chief Rabbi Institutes Rabbinic Pre-Nuptial Agreement

Published on: January 22, 2014 11:34 PM
By: Press Release
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Chief Rabbi Ben-Tzion SpitzChief Rabbi Ben-Tzion Spitz

Montevideo - The Rabbinate of Uruguay has instituted the requirement for all Jewish couples that marry under its auspices to sign a Rabbinic Pre-nuptial Agreement. The agreement states that in the case of the couple divorcing civilly, the husband is obligated to immediately deliver to his wife a Jewish divorce contract, also known as a “get”, as per Jewish law.

The initiative was launched by Sara Winkowski, a director of the Kehila, the Comunidad Israelita del Uruguay (Jewish Community of Uruguay), who is also a Vice President of the World Jewish Congress and longtime activist for the rights of women within Jewish law. “For over 20 years we have been struggling for a solution to a problem that affects many women. I have tremendous gratitude to Rabbi Ben-Tzion Spitz for having understood the problem and sought a solution that does not contradict the Halakha (Jewish law), and will benefit many women, our community and all of Judaism.” Winkowski stated.

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After writing and testing various drafts of the agreement, together with a legal and judicial committee, Chief Rabbi Ben-Tzion Spitz authorized the use of the current version that is in consonance with both Jewish and Uruguay laws.

“It is a milestone event for the Jewish community.” Spitz explained. “There have been a growing number of cases both in Uruguay and around the world of husbands that refuse to divorce their wives according to Jewish tradition.

Such refusal in essence prohibits these women from remarrying according to Jewish law, causing significant anguish in the lives of these chained women and their families. This is also known as the “aguna” problem. 

By instituting the wholesale signing of the pre-nuptial agreement, and without discriminating between couples who may or may not choose such insurance, we have presented a solution to this long-standing problem for all families that will marry under the auspices of the Kehila.”
The Kehila is also the keeper of a registry of Jewish weddings in the community dating back to 1950, which is the basis for issuing certificates of Judaism, which is one of the few ways for Jews from Uruguay to be recognized as Jews by the State of Israel.

Besides not conducting marriages of couples that will not sign the Rabbinic Pre-nuptial Agreement, the Kehila will no longer enter into the registry or issue certificates of Judaism to families that do not participate in the Pre-nuptial agreement.



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Read Comments (17)  —  Post Yours »

1

 Jan 23, 2014 at 12:16 AM TexasJew Says:

Great idea but Uruguay is not the U.S. There are more Jews on one block of BP than the whole Uruguay.
Forcing someone to sign a contract wouldn't work in most courts.
They are holding their community hostage.

2

 Jan 23, 2014 at 12:37 AM Anonymous Says:

One cant force what they could do is an agreement that every day he holds back giving her the get he has to pay a sum for example $150 there are chaseveh rabonim who they say hold by this type of agreement

3

 Jan 23, 2014 at 05:50 AM Anonymous Says:

Well, this might be a possible solution. It might be a cross between dining alone and breaking fast in your pajamas. I guess if they want to be more concise, just offer the couple the Gett papers at the beginning of the marriage and then there will be no confusion as to where to go next. But I digress.

4

 Jan 23, 2014 at 07:15 AM Mentsch613 Says:

The problem with some of these documents is they are very one sided.
I read the one posted online by the YU crowd (google halachic prenup), and it reads "the husband must do this and the husband must do that" making not one obligation on the wife.
For instance, the moment the couple seperates the husband must start paying the wife support - but let's say she did something to force the seperation. Or what if she is the breadwinner?
Or let's say the wife is delaying the divorce process, the guy still has to pay.
Bottom line these prenups need to take into account the fact that in this day and age the man and woman both have leverage. The man has the get and the woman (usually) has the power of visitation and the civil agreement.
Both documents should be finalized simultaneously!!!
The get and civil agreement/visitation should both be executed at the same time. It's the only fair process and any document that doesn't acknowledge this is nothing more than feminist propaganda.

5

 Jan 23, 2014 at 08:31 AM favish Says:

shows your ignorances in laws of gitten

6

 Jan 23, 2014 at 08:34 AM savtat Says:

This solution is a step forward, but won't help where the husband is wealthy and crazy. The husband can still "refuse" to do what he is supposed to do legally. What then?

Maybe, at the time of the wedding, the husband should deposit a get al t'naiy, that if he loses his mind, the Bez Din will be the shaliach for him to give the get. After all, the kesubba states what the wife is entitled to in case the marriage disolves, so you can't say that you don't want to "mar the day".

Really, you have to figure out something workable.

I have heard of a case in England, right after WWII, where a husband (who went to Poland to help the survivors) left his wife a get al tnai, in case he wouldn't return - he didn't want the wife to be an agunah. My understanding is that Rav Abramsky, z"l, arranged it.

7

 Jan 23, 2014 at 08:53 AM wollenberg Says:

This soundd problematic. Isn't it a forced get? Most halachic prenuptial agreements simply agree to Beis Din arbitration and financial sanctions

8

 Jan 23, 2014 at 09:22 AM hulahoop Says:

This is what happens when you have a Chief Rabbi who wears a blue sweater

9

 Jan 23, 2014 at 10:18 AM Anonymous Says:

Reply to #8  
hulahoop Says:

This is what happens when you have a Chief Rabbi who wears a blue sweater

Hashem does not like Blue sweaters? Or are you just an impolite posterior decree of human insincerity? It is clear that this issue is not a true kosher attainment, but the idea that the man is lax because he enjoys a nice comfortable sweater makes me embarrassed to be your friend. Sorry. Good luck.

10

 Jan 23, 2014 at 10:51 AM Robert Says:

Reply to #8  
hulahoop Says:

This is what happens when you have a Chief Rabbi who wears a blue sweater

what an evil comment !

11

 Jan 23, 2014 at 12:41 PM Rafuel Says:

The arrangements like this one are becoming somewhat more common for modern ostensibly orthodox and secular (and I am aware that the is a large overlap between the two). But the will never make any inroads with the frum, and that's a good thing.

12

 Jan 23, 2014 at 12:54 PM Alterkhaker Says:

Reply to #8  
hulahoop Says:

This is what happens when you have a Chief Rabbi who wears a blue sweater

I'm assuming you're joking, but I actually agree with you. When a rabbi doesn't respect himself, he cannot possibly respect the subject matter with which he is exclusively entrusted.

13

 Jan 23, 2014 at 01:11 PM charliehall Says:

Reply to #7  
wollenberg Says:

This soundd problematic. Isn't it a forced get? Most halachic prenuptial agreements simply agree to Beis Din arbitration and financial sanctions

No, because by divorcing civilly the husband has clearly stated that he does not wish to be married. Kudos to Chief Rabbi Spitz!

14

 Jan 23, 2014 at 02:31 PM worthless Says:

its a worthless agreement, its just a contract stating that he will issue a get, he can still refuse to do it.

15

 Jan 23, 2014 at 02:36 PM Mock36 Says:

What kind of upside down world are we living in? How is it possible that everyone's response isn't "thank you Rabbi Spitz for recognizing a problem and trying to fix it"? Who cares if it's in Uruguay or Brooklyn? Who cares what he's wearing? This is why we're losing many people from being Torah observant Jews . Judaism has been hijacked by a bunch of judgmental holier then thou ignoramuses.

16

 Jan 23, 2014 at 03:18 PM Anonymous Says:

Reply to #11  
Rafuel Says:

The arrangements like this one are becoming somewhat more common for modern ostensibly orthodox and secular (and I am aware that the is a large overlap between the two). But the will never make any inroads with the frum, and that's a good thing.

Modern orthodox are frum. They aren't chassidesh, but that's not a requirement to be "frum". Neither is being in Kollel, being yeshivish, black hat or charedi.
Frum= shomer shabbos, kashrus, taharas hamishpacha. That's it. And you can never judge a person to know one out of the 3- so who is to say you are frum? And please don't publicize the details... Your wife will not appreciate it. And on the other 2- we will never know if you turn on lights on shabbos or eat pork in your home. So who really knows??

17

 Jan 23, 2014 at 04:27 PM nymom Says:

Reply to #8  
hulahoop Says:

This is what happens when you have a Chief Rabbi who wears a blue sweater

I'm going to vote for more rabbis who wear blue sweaters! Great things happen!

18

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