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Westreich on Wife’s Right to Jewish Divorce

Avishalom Westreich (Academic Center of Law and Business) has posted The Wife’s Right to Divorce in Jewish Law: History, Dogmatics and Hermeneutics. The abstract follows. –YAH

The paper has two aims: historical and dogmatic. Historical, in studying two actual Jewish Law traditions in which divorce was issued at the wife’s demand, with analysis of the legal interaction between them; dogmatic, in examining the status of three legal concepts of unilateral termination of marriage derived from these traditions: coercion of a get (a Jewish writ of divorce), terminative conditions, and annulment of marriage. The two topics lead to one integrated outcome: exploring the status of the tools which enable issuance of divorce in Jewish Law against the will of a recalcitrant spouse.

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