A decision by the Jerusalem Beis Din delivers a blow to the liberal Orthodox organizations in Israel including Beit Hillel and Tzohar Rabbonim, both organizations that urge couples to sign a prenup. However, a prenup is not encouraged by poskim in Eretz Yisrael, and in many cases, a mesader keddushin will not marry a couple that has signed a prenup, unlike in many Orthodox circles in the Diaspora.
The Jerusalem District Beis Din decided in the matter of a ‘get’ that the bill of divorce would not be issued until such time portions of the prenup, which deal with the assets of both bridge and groom, are invalidated. The objectionable portion of the prenup requires the husband to pay 10,000 shekels support monthly until a get is given. This clause is inserted to prevent a husband from making his wife an agunah.
The case in point involved a couple with a prenup that stipulates if a ‘get’ is not given within 120 days after the wife requests it, he will be compelled to pay 10,000 shekels to her every month until the ‘get’ is served without any consideration to the wife’s income or assets.
Av Beis Din Dayan Rav Ariel Lavi, Dayan Shlomo Tam and Dayan David Malka decided the prenup contains a component that might be viewed as compelling him to give the ‘get’ and therefore, it must be disqualified before a ‘get’ can be given.
Piskei halacha from Rav Elyashiv ZT”L, Rav Betzalel Jolti ZT”L, Rav Shaul Yisraeli ZT”L, and others were cited to back the beis din’s position.
(YWN – Israel Desk, Jerusalem)