Between Civil and Religious Law: The Plight of the Agunah in American Society (Contributions in Legal Studies) [Hardcover]

Irving A. Breitowitz (Author)

Book Description

Publication Date: July 30, 1993 | ISBN-10: 0313284717 | ISBN-13: 978-0313284717

Breitowitz focuses on what many regard as the cutting issue of Jewish law as it grapples with the disintegrative forces of twentieth-century life: the problem of the Agunah or "stranded wife." In addition, the Agunah issue raises intriguing questions about the impotence of religious law in a secular society and how the establishment and free exercise clauses intersect to facilitate or hinder the accommodation of religious interests. All legal avenues available to secure relief are discussed, including the use of prenuptial agreements, the application of tort theory, and the rather exotic approach of the New York Get law, as well as the constitutional and common law impediments, to the implementation of these remedies. The text also includes comparative law material to illustrate how other legal systems, particularly the state of Israel, have handled this problem. As the most comprehensive book on the subject, it is invaluable to students of Jewish and family law and to practitioners of family law.

Editorial Reviews

About the Author

IRVING A. BREITOWITZ is Associate Professor of Law at the University of Maryland School of Law, as well as a Rabbi and an attorney.

Product Details

• Hardcover: 448 pages
• Publisher: Greenwood Press (July 30, 1993)
• Language: English
• ISBN-10: 0313284717
• ISBN-13: 978-0313284717
• Product Dimensions: 9.2 x 6.1 x 1 inches
• Shipping Weight: 1.8 pounds (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #9,717,122 in Books (See Top 100 in Books)

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Customer Reviews

Most Helpful Customer Reviews

5.0 out of 5 stars A thorough and clearly thought out consideration of the problem, July 19, 2005

By 

Shalom Freedman "Shalom Freedman" (Jerusalem,Israel) - See all my reviews
(TOP 1000 REVIEWER)   

This review is from: Between Civil and Religious Law: The Plight of the Agunah in American Society (Contributions in Legal Studies) (Hardcover)

I had the privilege of studying in a class Rabbi Breitowitz gave at 'Or Sameach Yeshiva' in Jerusalem a few years back. Much of the course had to do with the Halachic relation to problems of medical ethics. Rabbi Breitowitz not only had a mastery of Jewish sources, but he had a wide medical and legal knowledge. Even more importantly he presented the material in a clear, and even though much of it might have been thought of as ' dry material' , inspiring way.
The 'aguna' question is one which has disturbed Jewish society for some time now. Rabbi Breitowitz's consideration of the connection between Halachic requirement and the situation in civil law is , I am sure, a first- rate and carefully thought- out treatment of the subject.