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Get of Cleves

The Get of Cleves[1] was a contentious international 18th-century divorce case[2] that ended when the allegedly insane husband remarried his "wife" in a marriage ceremony that omitted the major portions of a standard Jewish wedding.[3] The date on the get (divorce document) was 22 Elul 5526, and it was written in a German-Dutch border town, Cleves, fourteen days after the date on the 8 Elul 5526 (August 14, 1766) marriage document. The truncated ceremony was in 1767.[1]

The central issue was whether the husband was of sound mind at the time of the divorce. Two books, published 1769 (Ohr HaYashar) and 1770 (Ohr Yisroel) gave extensive details of the case.[1] A three part article about this case was published 2015.[4][5][3]

Case summary

A newly married man's odd behavior led to a secretive on-the-run divorce. The document was written in a bordertown between Dutch and German territories named Cleves, and an asset split favoring the wife, when it was revealed to the husband's family, led to a challenge.[4] Since the husband was alleged to not be mentally competent, this would mean that they were still married, unless the marriage was annulled. Various reputable rabbis in different countries disagreed on important legal details.[6] The husband had left Poland and gone to London, while a major court in Germany, upon the request of a rabbi in Poland, had issued a controversial ruling nullifying the divorce.[5]

Further complications were that the Polish rabbi had written two identical letters, and the ruling in the second court was that the divorce was valid.[1] Since the Polish rabbi died unexpectedly before either ruling came through, rabbis in many countries[7] took sides.[5]

Conclusion

Some time after talking with one rabbi in London, and subsequently with another, the husband returned to Poland, then traveled with his "wife" to Frankfort, Germany, whose court accounted for the minority opinion that the divorce was invalid. As described in a book written a century later, the husband used a new ring and declared "At od mekudeshet li betaba’at zo kedat Moshe ve-Yisrael (You remain betrothed to me with this ring in accordance with the laws of Moses and Israel).[3]

Aftereffects

Insanity pleas in the 20th and 21st centuries regarding marriage and divorce now have a better foundation,[4] and it is still being discussed both in religious courts and academia.[8][9]

References

  1. ^ a b c d Cleves Get Cleves Get. Vol. 5. Encyclopaedia Judaica. pp. 613–615.
  2. ^ Rabbi J. David Bleich. "Mental Incompetence and Its Implications in Jewish Law" (PDF). RJJ Journal of Halacha and Contemporary Society. RJJ.
  3. ^ a b c Rabbi Pini Dunner (October 16, 2015). "Jewish history: the infamous case of the 'Get of Cleves' part three". Jewish Home LA.
  4. ^ a b c Rabbi Pini Dunner (September 10, 2015). "The Infamous Case of the 'Get of Cleves' Part One". Jewish Home LA.
  5. ^ a b c Rabbi Pini Dunner (September 25, 2015). "Jewish history: the infamous case of the 'Get of Cleves' part two". Jewish Home LA.
  6. ^ Deutsch, Gotthard; Schechter, Solomon; Seligsohn, M; Friedberg, Bernhard; London, N.T.; Rosenthal, Herman; Gottheil, Richard; Ginzberg, Louis; Singer, Isidore; Bamberger, Moses Löb (1906). "Landeau". Jewish Encyclopedia. Retrieved November 15, 2020.
  7. ^ "Khelm, Shelomoh ben Mosheh". YIVO Encyclopedia.
  8. ^ Bechhofer, Yosef Gavriel. "Discovering Rav Elyashiv".
  9. ^ A. Soloveitchik (1969). "Gersher 4.1 1969: The Cleves Get dilemma" (PDF).

External links

  • a talk: Insanity and the Crazy Story of the Get of Cleves

cleves, contentious, international, 18th, century, divorce, case, that, ended, when, allegedly, insane, husband, remarried, wife, marriage, ceremony, that, omitted, major, portions, standard, jewish, wedding, date, divorce, document, elul, 5526, written, germa. The Get of Cleves 1 was a contentious international 18th century divorce case 2 that ended when the allegedly insane husband remarried his wife in a marriage ceremony that omitted the major portions of a standard Jewish wedding 3 The date on the get divorce document was 22 Elul 5526 and it was written in a German Dutch border town Cleves fourteen days after the date on the 8 Elul 5526 August 14 1766 marriage document The truncated ceremony was in 1767 1 The central issue was whether the husband was of sound mind at the time of the divorce Two books published 1769 Ohr HaYashar and 1770 Ohr Yisroel gave extensive details of the case 1 A three part article about this case was published 2015 4 5 3 Contents 1 Case summary 1 1 Conclusion 2 Aftereffects 3 References 4 External linksCase summary EditA newly married man s odd behavior led to a secretive on the run divorce The document was written in a bordertown between Dutch and German territories named Cleves and an asset split favoring the wife when it was revealed to the husband s family led to a challenge 4 Since the husband was alleged to not be mentally competent this would mean that they were still married unless the marriage was annulled Various reputable rabbis in different countries disagreed on important legal details 6 The husband had left Poland and gone to London while a major court in Germany upon the request of a rabbi in Poland had issued a controversial ruling nullifying the divorce 5 Further complications were that the Polish rabbi had written two identical letters and the ruling in the second court was that the divorce was valid 1 Since the Polish rabbi died unexpectedly before either ruling came through rabbis in many countries 7 took sides 5 Conclusion Edit Some time after talking with one rabbi in London and subsequently with another the husband returned to Poland then traveled with his wife to Frankfort Germany whose court accounted for the minority opinion that the divorce was invalid As described in a book written a century later the husband used a new ring and declared At od mekudeshet li betaba at zo kedat Moshe ve Yisrael You remain betrothed to me with this ring in accordance with the laws of Moses and Israel 3 Aftereffects EditInsanity pleas in the 20th and 21st centuries regarding marriage and divorce now have a better foundation 4 and it is still being discussed both in religious courts and academia 8 9 References Edit a b c d Cleves Get Cleves Get Vol 5 Encyclopaedia Judaica pp 613 615 Rabbi J David Bleich Mental Incompetence and Its Implications in Jewish Law PDF RJJ Journal of Halacha and Contemporary Society RJJ a b c Rabbi Pini Dunner October 16 2015 Jewish history the infamous case of the Get of Cleves part three Jewish Home LA a b c Rabbi Pini Dunner September 10 2015 The Infamous Case of the Get of Cleves Part One Jewish Home LA a b c Rabbi Pini Dunner September 25 2015 Jewish history the infamous case of the Get of Cleves part two Jewish Home LA Deutsch Gotthard Schechter Solomon Seligsohn M Friedberg Bernhard London N T Rosenthal Herman Gottheil Richard Ginzberg Louis Singer Isidore Bamberger Moses Lob 1906 Landeau Jewish Encyclopedia Retrieved November 15 2020 Khelm Shelomoh ben Mosheh YIVO Encyclopedia Bechhofer Yosef Gavriel Discovering Rav Elyashiv A Soloveitchik 1969 Gersher 4 1 1969 The Cleves Get dilemma PDF External links Edita talk Insanity and the Crazy Story of the Get of Cleves Retrieved from https en wikipedia org w index php title Get of Cleves amp oldid 1111227981, wikipedia, wiki, book, books, library,

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