Resolutions of the Rabbinical Council of America
Posted on 7:16AM October 05, 2004 | Email This
I. Whereas it was clearly the desire of God 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; butWhereas 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 bet 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 prenuptial agreements, which will aid 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 prenuptial agreements and many may raise halakhic or legal difficulties. We, therefore, call upon the Executive Committee of the Rabbinical Council of America to disseminate a list of approved prenuptial agreements with procedures of implementation to the averim. All prenuptial agreements must be approved by the Rabbinical Council of America's bet din. To this date only Rabbi Willig's prenuptial agreement has been accepted and this document will be distributed immediately to the Rabbinical Council of America members.
Adopted in June 1994
Reaffirming the Endorsement of Prenuptial Agreements
... Therefore be it resolved that the RCA reiterates the importance of using the prenuptial agreement as per the 1993 resolution, so as to guarantee that the get will not be used as a negotiating tool in divorce procedures.
The RCA members will attempt to disseminate amongst our Orthodox colleagues and lay people via the mediums of Shabbat sermons, synagogue bulletins, and other forums during the month of Heshvan, the importance of the prenuptial agreement.
--------------------------------------------------------------------------------
Endorsements from the Pulpit Rabbinate
"Couples are quite responsive to the need for a prenuptial agreement. Brides and grooms find this to be a thoughtful document which serves an important need within the Jewish community. Since this is a way of relieving the agunah problem, it seems to me that each rabbi should sense a moral obligation to the suffering of even one couple, then the entire enterprise is worthwhile."
Rabbi Marc D. Angel - New York, NY
"I have used Rabbi Willig's prenuptial agreement on three different occasions in the last year with great acceptability. The ease of language and the sense of mutual concern put the couples at ease regarding such a tense issue."
Rabbi Moshe Bomzer - Albany, NY
"In my younger years, I was part of the community that was torn apart over a get controversy. At that time, I decided that if ever a mechanism were found to avoid such human tragedy, I would become an advocate for it. Rabbi Willig's prenuptial agreement which I require for any couple whose marriage I perform, serves that purpose admirably. Combining remarkable erudition with an ability to translate scholarly learning into pragmatic reality, this device goes a long way to ensuring that the tragedy of women unable to free themselves once a marriage has irretrievably broken down, can be avoided."
Rabbi Barry Freundel - Washington, D.C.
"I have used the prenuptial agreement authored by Rabbi Mordechai Willig when performing marriages over these past few years. This agreement, carefully crafted and constructed, offers a practical way to address the painful problem of potential agunot in our community. With the proper approach, the prenuptial agreement is readily accepted by individuals preparing for marriage. I certainly encourage its use."
Rabbi Shmuel Goldin - Teaneck, NJ
"Ever since Rabbi Willig published the agreement I have insisted on its use at every wedding at which I officiate. It has helped immeasurably in addressing the concerns that families have about the possibility of divorce, and how we can insure that a get will be issued in a timely fashion. This document, endorsed by the major halakhic authorities, is an asset for the Orthodox rabbinate."
Rabbi Elazar R. Muskin - Los Angeles, CA
"Before settling on the Willig prenuptial agreement as the one I share with brides and grooms, I investigated others. I believe that Rabbi Willig has produced a document that is not only halakhically acceptable but can also be easily explained to brides and grooms."
Rabbi Milton H. Polin - Brooklyn, NY
"I have found Rabbi Willig's agreement to be innovative within the framework of halakhah. The fruits of his intellectual creativity should greatly reduce the incidence of abuse of the get process which all too frequently plagues our community."
Rabbi Steven Pruzansky - Teaneck, NJ
"The prenuptial agreement penned by Rabbi Willig is an invaluable hatzaloh purtoh during these turbulent times ......I have deliberately discussed its importance with every choson and kallah, and urge its usage to stem the tragic tide of agunos."
Rabbi Yaakov Sprung - North Miami Beach, FL
"Rabbi Willig's halakhic erudition has brought forth a very important document which serves to bring peace of mind to a Jewish couple and in particular to Jewish women, before entering into the holy covenant of marriage. I have found the use of the Prenuptial agreement a terrific springboard into discussing the sanctity of marriage from a Jewish point of view."
Rabbi Ronald L. Schwarzberg, - Highland Park, NJ
"Rabbi Willig's Prenuptial document, which has the halakhic support of leading poskim, is to be commended for usage by all. It is clear that its acceptance and practice will contribute to a lessening of real and potential abuses and predicaments during divorce proceeding."
Rabbi Moshe J. Yeres - Wilkes-Barre, PA
