Pre-Nuptial Agreements and Recalcitrant Spouses 1993

Jun 1, 1993 — RESOLUTION: MATTER OF PRE-NUPTIAL AGREEMENTS &
RECALCITRANT SPOUSES

I. WHEREAS it was clearly the desire of G-D that couples live together in peace and harmony, in love and devotion all of their lives, so that strong marriages could serve as the heart of a strong Jewish community; but
WHEREAS the Torah recognized that some marriages could not be sustained and therefore provided procedures for the termination of those marriages, so that husband and wife could then be freed to create new and stronger marriages; but
WHEREAS in some unfortunate instances husbands or wives, for reasons of spite or venality, refuse to cooperate with the appropriate instructions of a Beit Din regarding the termination of their marriages with a Get, thereby preventing the spouse from rebuilding family life.
II. THEREFORE, BE IT RESOLVED that every member of the Rabbinical Council of America will utilize Pre-Nuptial Agreements, which will aide in our community’s efforts to guarantee that the Get will not be used as a negotiating tool in divorce procedures. We realize that there are several Pre-Nuptial agreements and many may raise halachic or legal difficulties. We, therefore, call upon the Executive Committee of the Rabbinical Council of America to disseminate a list of approved Pre-Nuptial agreements with procedures of implementation to the chaverim. All pre-nuptial agreements are to be approved by the RCA Beit Din.

III. THEREFORE, BE IT RESOLVED that every member of the Rabbinical Council
of America will seek to have adopted in his Synagogue, either by Rabbinical Pesak
Halacha, or through adoption by the appropriate lay board, the following Synagogue policy in regard to the enforcement of Sh’tarei Siruv.
Resolved, that any person against whom there is an outstanding Shetar Siruv, issued by a Beit Din consisting of three Orthodox Rabbis, in regard to matters of issuance or receipt of a Get:
1. Shall not be permitted to occupy any elective or appointed position, or position as employee, within the Synagogue organization or within any of its affiliates.
2. Shall be excluded from membership in the Synagogue or in any of its affiliates.
3. Shall not be called to the Torah nor be given any other liturgical honor on any occasion.

Further, that such person who reside within our community:
4. Shall have his or her name announced on a regular monthly basis at the conclusion of Sabbath services.
5. Shall have his or her name published in the Synagogue bulletin with a call to the membership to limit their social and economic relations to such persons.

IV. The RCA in assembly supports the New York State Get Law as model law for all states around North America. The New York State has the approval of the RCA Rosh Beit Din (Chief of Rabbinical Council of America’s Jewish Court), Rabbi Gedalia D. Schwartz.