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Date: Tue, 29 Dec 1998 12:32:12 -0500
From: rhendel@mcs.drexel.edu (Russell Hendel)
Subject: Re: Women/Property

A brief answer to Miriam Goldberg, Bais Medrash, Volume 1, Number 61: >  >  If
women aren't property when can't they give divorces<  <

This was answered by Yitzchak Breuer of the Rav Hirsch Community who in a
brilliant legal essay showed that Jewish Divorce law is PROCEDURAL not
SUBSTANTIVE.

Indeed, according to strict Jewish law a husband who refuses to give a wife
a divorce is beaten till he consents to give and gives. Thus the woman was
never deprived of the SUBSTANTIVE right to give a divorce. Rather the
PROCEDURE by which she gives a divorce is different than the mans.

In passing, I would like to comment on some remarks of Debbies that there
have been changes in the past 2000 years. While halahcha recognizes changes
in techonology and physical reality (e.g. measurment unit relations have
changed) to the best of my knowledge halacha does NOT RECOGNIZE any change
in PSYCHOLOGICAL reality or MORAL Needs.

Russell Jay Hendel; Phd ASA
RHendel @ mcs drexel edu

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