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Jewish feminism : ウィキペディア英語版
Jewish feminism


Jewish feminism is a movement that seeks to make the religious, legal, and social status of Jewish women equal to that of Jewish men. Feminist movements, with varying approaches and successes, have opened up within all major branches of Judaism.
In its modern form, the Jewish feminist movement can be traced to the early 1970s in the United States. According to Judith Plaskow, the main grievances of early Jewish feminists were women's exclusion from the all-male prayer group or ''minyan'', women's exemption from positive time-bound ''mitzvot'' (mitzvot meaning the 613 commandments given in the Torah at Mount Sinai and the seven rabbinic commandments instituted later, for a total of 620), and women's inability to function as witnesses and to initiate divorce in Jewish religious courts.〔Plaskow, Judith. "Jewish Feminist Thought" in Frank, Daniel H. & Leaman, Oliver. ''History of Jewish Philosophy'', Routledge, first published 1997; this edition 2003.〕
According to historian Paula Hyman, two articles published in the 1970s on the role of women in Judaism were particularly influential: "The Unfreedom of Jewish Women," published in 1970 in the ''Jewish Spectator'' by its editor, Trude Weiss-Rosmarin, which criticized the treatment of women in Jewish law, and an article by Rachel Adler, then an Orthodox Jew and currently a professor at the Hebrew Union College-Jewish Institute of Religion, called "( The Jew Who Wasn't There: Halacha and the Jewish Woman )," published in 1971 in ''Davka,'' a countercultural magazine.〔Adler, Rachel. "The Jew Who Wasn't There: Halacha and the Jewish Woman." ''Davka'' (Summer 1972) 7–11.〕〔(【引用サイトリンク】title=THE JEW WHO WASN'T THERE: Halacha and the Jewish Woman )〕 Also, in 1973, the first () National Jewish Women's Conference was held, in New York City; Blu Greenberg gave its opening address.
== Agunah ==

Agunah ((ヘブライ語:עגונה), plural: agunot (עגונות); literally 'anchored or chained') is a halachic term for a Jewish woman who is "chained" to her marriage. The classic case of this is a man who has left on a journey and has not returned, or has gone into battle and is MIA. It also refers to a woman whose husband refuses, or is unable, to grant her an official Jewish bill of divorce, known as a ''get''. The problem of get-refusal became more widespread when Jews lived in countries where civil divorce was available, separate from religious divorce. Outside Israel, an ''agunah'' could obtain a civil divorce and remarry via civil marriage, as non-Israeli legal systems generally do not recognize the ''agunah'' status, but an ''agunah'' would not typically pursue a second marriage, since her first marriage is still valid according to halakha, therefore any other sexual relationships would constitute adultery from her first husband. Furthermore, according to halakha, any children born by an agunah are considered mamzerim (bastards). The earliest prenuptial agreement for the prevention of get-refusal was developed and accepted by the Rabbinical Council of Morocco on December 16, 1953 ("Sefer Hatakanot", Vol. 1, The Institute for Moroccan Jewish Tradition, Jerusalem). The prenuptial agreement gained further approbation in 1981 from Rabbi Shalom Messas, chief rabbi of Jerusalem ("Sefer Tevuot Shemesh", Jerusalem 1981). Following Rabbi Messas' involvement, the Rabbinical Council of America actively pursued this issue (“The RCA Commission: Solving the Problem of Gittin", Hamevaser, Vol. 22 No. 2, October 27, 1983). The latest in a series of RCA resolutions -- "that since there is a significant agunah problem in America and throughout the Jewish world, no rabbi should officiate at a wedding where a proper prenuptial agreement on get has not been executed”—was passed on May 18, 2006.〔(Rabbinical Council of America (RCA) )〕 In 2012 the International Rabbinic Fellowship (IRF), an international organization of (as of 2012) 150 Modern Orthodox rabbis, passed a resolution saying that, "IRF Rabbis may not officiate at a wedding unless the couple has signed a halachic prenuptial agreement. IRF Rabbis are further encouraged to participate ritually only in weddings in which the couple has signed a halachic prenuptial agreement. Ritual participation includes but is not limited to reading the ketubah, serving as a witness, and making one of the sheva berachot." This makes the IRF the only Orthodox rabbinical organization in the world to require its members to use a halachic pre-nuptial agreement in any wedding at which they officiate.〔(International Rabbinic Fellowship Takes Historic Step to Prevent Future Agunot | International Rabbinical Fellowship )〕
Beginning in the 1950s, some Conservative rabbis have used the Lieberman clause, named for Talmudic scholar and Jewish Theological Seminary (JTS) professor Saul Lieberman, in the ''ketuba'', requiring that a get be granted if a civil divorce is ever issued. Most Orthodox rabbis have rejected the Lieberman clause, although leaders of the Conservative movement claim that the original intent was to find a solution that could be used by Orthodox and Conservative rabbis alike, and that leaders of Orthodox Judaism's Rabbinical Council of America, and respected Orthodox rabbis, including Joseph B. Soloveitchik, supposedly recognized the clause as valid. Later, because some civil courts viewed the enforcement of a religious document as a violation of the constitutional principle of the separation of church and state, Conservative rabbis began to require couples to sign a separate letter, stating that the clause had been explained to them as part of pre-marital counseling, and that both parties understood and agreed to its conditions, recognizing that this letter would constitute a separate civil document, enforceable in a civilian court. However, many Conservative rabbis, including some on the movement's own law committee, had growing misgivings about the clause for religious reasons.
In 1968, by a unanimous vote of the law committee, it was decided that the Joint Bet Din of the Conservative movement could annul marriages as a last resort, based on the Talmudic principle of ''hafka'at kiddushin.'' According to Rabbi Mayer Rabinowitz, the Chairman of the Joint Bet Din of the Conservative Movement, just the threat of this action was sometimes enough to compel the former husband to grant a get.
In 1990 Agunah Day was established by ICAR - The International Coalition for Agunah Rights - to raise public awareness of the plight of the Agunah and galvanize action to solve the problem. It is observed on the Jewish calendar date of the Fast of Esther.
In 1995 the Israeli parliament gave the rabbinical court expanded legal power to sanction men who refuse to give their wives a ''get'' by suspending their driver's licenses, seizing their bank accounts, preventing travel abroad and even imprisoning those who do not comply with an order to grant a divorce; however, women's groups say the 1995 law is not very effective because the court uses sanctions in less than 2% of cases.
In 2004, Justice Menachem HaCohen of the Jerusalem Family Court offered new hope to ''agunot'' when he ruled that a man refusing his wife a ''get'' must pay her NIS 425,000 in punitive damages, because "()efusal to grant a ''get'' constitutes a severe infringement on her ability to lead a reasonable, normal life, and can be considered emotional abuse lasting several years." He noted that "()his is not another sanction against someone refusing to give a ''get'', intended to speed up the process of granting a ''get'', and this court is not involving itself in any future arrangements for the granting of a ''get'', but rather, it is a direct response to the consequences that stem from not granting a ''get'', and the right of the woman to receive punitive damages." This ruling stemmed from the Public Litigation Project initiated by the advocacy organization Center for Women's Justice as one of a number of successful lawsuits filed in Israeli civil courts claiming financial damages against recalcitrant husbands.
In 2014 the Rabbinate of Uruguay 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 ''get''. 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.〔(Montevideo - Uruguay Chief Rabbi Institutes Rabbinic Pre-Nuptial Agreement )〕
In 2015 Tzohar (a religious Zionist rabbinic organization in Israel), along with the Israel Bar Association, introduced a prenuptial agreement meant to help ensure divorcing wives will receive a ''get''; under the agreement the husband commits to paying a high sum of money daily to his spouse in the event of a separation.

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