THE AGUNAH DILEMMA IN JEWISH FAMILY LAW: THEOLOGICAL FOUNDATIONS AND CONTEMPORARY SOLUTIONS

Author: Abu Tayub Md Nazmussakib Bhuyan

ABSTRACT

The agunah dilemma, where a woman remains bound to a marriage because her husband refuses to grant a get (Jewish divorce document), represents one of the most enduring challenges in Jewish family law. Rooted in halakhic principles that require the husband’s voluntary consent, the issue raises profound theological questions about autonomy, marital sanctity, and communal responsibility. This article examines the classical foundations of the agunah problem, tracing its treatment in the Talmud, medieval halakhic codes, and responsa literature. Methodologically, the study employs a textual‑comparative analysis of primary halakhic sources alongside contemporary rabbinic rulings and legal instruments, supplemented by case studies from American and Israeli rabbinical courts. It then explores modern responses, including prenuptial agreements, contractual stipulations in the ketubah, and innovative models such as Israel’s “Agreement of Mutual Respect.” By situating these mechanisms within broader debates on coercion (kefiyah) and voluntariness, the study highlights the tension between fidelity to halakhic norms and the ethical imperative to protect women from marital captivity. Ultimately, the article argues that theological integrity and practical solutions need not be mutually exclusive; rather, the evolving jurisprudence of Jewish family law demonstrates a dynamic capacity to address the agunah dilemma while preserving the sanctity of marriage and the authority of halakhic tradition.

Keywords: Agunah, Jewish Family Law, Halakhic Prenuptial Agreements, Kefiyah, Ketubah, Rabbinical Courts.

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