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Abstract

SURVEY OF RECENT HALAKHIC LITERATURE THE SANCTIONS OF RABBENU TAM AND THEIR MODERN-DAY COUNTERPARTS: PART II J. David Bleich This study continues the examination of halakhic sanctions designed to pressure recalcitrant husbands who refuse to grant their wives a get, thereby leaving women as agunot. The column analyzes how early Israeli rabbinical courts and modern legislation have attempted to address this crisis through expanded enforcement mechanisms and examines early halakhic debates over wives' entitlement to financial support in troubled marriages and explores К. Isaac ha-Levi Herzog's controversial theory that minor financial sanctions may be permissible when traditional physical coercion is forbidden. Another novel form of enforcement that receives treatment is Israel's Hok Battei Din Rabbaniyim (1995), which authorized rabbinical courts to impose sanctions including passport revocation, professional license suspension, and imprisonment restrictions. The author identifies seven potential halakhic problems with these modern sanctions: they cannot be escaped by relocating, they explicitly connect punishment to divorce refusal, they may violate citizens' property rights in democratic societies, they transform voluntary community shunning into mandatory state enforcement, they cause forbidden shame and humiliation, they blur the distinction between rights and privileges, and they exceed the limited scope of traditional rabbinical sanctions.

Details

Business indexing term
Location
Title
The Sanctions of Rabbenu Tam and Their Modern-Day Counterparts: Part II
Publication title
Tradition; New York
Volume
57
Issue
3
Pages
76-102,189-190
Number of pages
30
Publication year
2025
Publication date
Summer 2025
Section
Survey of Contemporary Halakhic Literature
Publisher
Rabbinical Council of America
Place of publication
New York
Country of publication
United States
ISSN
00410608
Source type
Scholarly Journal
Language of publication
English
Document type
Journal Article
ProQuest document ID
3234715549
Document URL
https://www.proquest.com/scholarly-journals/sanctions-rabbenu-tam-their-modern-day/docview/3234715549/se-2?accountid=208611
Copyright
Copyright Rabbinical Council of America 2025
Last updated
2025-08-01
Database
2 databases
  • ProQuest One Academic
  • ProQuest One Academic