Divorce - Gittin
What is a Get?
A Get is a Jewish divorce. Jewish divorce requires the consent of both the husband and wife; there is no requirement that either party establishes grounds for divorce such as unreasonable behaviour, separation or adultery. All that has to be shown is that both the husband and the wife agree to the Get taking place. The basic laws of the Jewish religious divorce can be found in the Bible (Devarim/Deuteronomy 24: 1-5).
The Get Process
On receipt of an application for a Get, our Beth Din invites both husband and wife to attend interviews at the Beth Din. During the course of this interview, the Dayan will seek to check the relevant data relating to the writing of the Get. Applicants will be asked for details of their father's English and Hebrew names.
The Dayan will also seek to ascertain if there are any issues which may cause delays at a later stage in the process.
The Beth Din acknowledges that divorce can be a very difficult time and places enormous importance on dealing with each case sensitively. Where difficulties arise during the Get process, a member of our team will seek to progress towards the Get as proactively as possible with a view to ensuring that the Get is given and received. When a couple have separated, our normal expectation is that both parties will honour their responsibility to ensure that the Get is completed within a few short months of application, regardless of whether all other issues in the divorce have been resolved. The Writing of the Get
At a second session, the husband will attend the Beth Din and instruct the Scribe to write the Get. The Beth Din will present the husband with writing materials, which the husband will then give over to the Scribe so that he can write the Get on the husband's own materials.
Before instructing the Scribe, the husband will be asked to give proof of his identity. He will also be asked to confirm that he is giving the Get of his own free will.
Once the instruction of the Scribe has taken place (this takes about twenty five minutes) the Scribe, together with two witnesses (Eidim) and the husband's representative (shaliach), where appropriate, adjourn to a writing room. The Scribe then writes the Get. During this time, the husband and wife may leave the premises but must stay in Leeds. The Get is usually completed, signed and witnessed within a period of around two hours.
Once the document is complete and the Get has been checked by a Dayan, it is ready to be presented to the wife. In the event that the parties prefer not to meet, separate appointments can be arranged, in which case the Get is handed to the husband’s representative and then handed over to the wife on a separate occasion.
When the Get is handed over, the wife will be asked if she is willing to receive the Get. If she is, her husband or (in the event that the husband is not present) his Shaliach, will recite a form of words at the request of the Dayanim, which indicates that on receipt of this Get, his wife will be free from the marriage. The Get is then placed into the wife's hands.
Once the Get is in her hands, the procedure is:
1. The wife clasps the Get between her hands (there should be no rings on her fingers) and lifts the Get above her head as a sign that she has acquired it for herself.
2. The wife then tucks the Get into her pocket or under one arm, turns away from her husband or his representative and walks several steps away from him as a sign that she has asserted her independence from him.
3. She then hands the Get back to the Dayan, so that it can be checked again by the Eidim (witnesses).
Once the Get has been received by the wife, she is reminded by the Dayan that there are two restrictions upon remarriage. The first is that a Cohen may not marry a divorcee. The second is that a period of ninety two days should elapse before she can remarry. In due course, whilst the Get itself is retained at the Beth Din, a Get certificate is normally issued to both the husband and the wife as evidence that they are properly divorced in accordance with Jewish law.
Where a remarriage is being contemplated by either party, they will need to obtain authorisation for this. This involves presenting the Get certificate. The Get certificate should therefore be retained in a safe place.
Who Needs A Get?
Any person who has been married under Jewish law, according to the laws of Moses and Israel, requires a Get.
Since Jewish law regards the mere fact of setting up home and living together as being possible evidence of marriage, the question should be asked of the Beth Din whether a Get is required in the event of cohabitation, registry office marriages and marriages between Jews which take place under non-orthodox Jewish auspices.