Articles

The Tort of Get Refusal: Why Tort and Why Not?

The problem of the agunah—the woman whose husband refuses to give her a Jewish divorce—challenges the viability of Orthodoxy in a modern world that stands, if I may be given some poetic license, on the three pillars of equality, human rights, and the autonomy of the individual. How can it be that a Jewish woman in the twenty-first century is still dependent on the whims of her husband for her marital freedom?
In this article, I have three goals:

How Not to Make Halakhic Rulings

How Not to Make Halakhic Rulings *

Daniel Sperber

Introduction

In a series of articles and publications I discussed the question of how halakhic decisors (poskim) should act in our day and age, arguing that they should seek to bring people closer to a love of Judaism and halakha, to be inclusive rather than exclusive, and to practice what I called "friendly decision making" (pesikah yedidutit). I am wont to quote a passage from R. Aryeh Leib Friedman's Tzidkat ha-Tzadik (undated, but after 1953), p.115: