Sunday, August 27, 2017

divorce - Is there any current rav or authority that issues conditional gittin?


I understand that King David would ask his warriors to give a conditional get (divorcec) to their wives prior to leaving for war. This way, if the wives did not hear about their husbands after the war was over, the wives would not remain agunot (women who can't remarry because their husband disappeared without giving a get), as the get would take affect at a certain time.


Someone I know is a Jewish army chaplain who is frequently sent to dangerous areas such as Saudi Arabia, Afghanistan, Iraq and other similar places. Occasionally he is with the troops during battles. He is away from home for months, sometimes a year at a time. He has considered the idea of giving his wife a conditional get, knowing well, that if he appears home after the time in the get, it would mean that his wife is divorced or even married to someone else. He knows that risk. He is wondering if there is anyone who currently can facilitate authorizing a conditional get.



Answer



Given that this is not an every day scenario, I don't think you'll find many Batei Din who will as a matter of policy issue conditional gittin. Nonetheless, that doesn't mean they will never issue them.


Rabbi Howard Jachter has an excellent pair of articles here and here that surveys more contemporary approaches to handling cases such as these. In the article, he posits that a conventional get followed by remarrying afterward is preferable according to many than a conditional get under normal circumstances.


Occasionally, however, a situation arises where it is appropriate to use a conditional get of some sort or another. He concludes that one should consult a Beit Din to determine which of the options he highlights should be used in a given case.


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