Religion & Thought

Get Refusal in Jewish Divorce: Why Agunah Cases Persist, and How Advocates Fight Back

Get refusal keeps some Jewish women trapped in religious marriages, while advocates use legal, communal, and halakhic tools to fight agunah cases.

Religion & Thought Contemporary, 2021 7 cited sources

It is the story of what happens when an ancient divorce process meets modern power struggles.

In Jewish law, a civil divorce is not enough. A religious marriage ends only when a get, a written bill of divorce, is properly delivered and accepted. When that process breaks down, the consequences can be devastating.

What a get is

My Jewish Learning defines a get as the official Jewish divorce document in which a husband agrees to divorce his wife. In traditional halakhic systems, that document is not symbolic. It changes status.

Without it, a couple may be civilly divorced and still considered married under Jewish law.

That gap is the beginning of the crisis.

What an agunah is

When a husband refuses to give a get, his estranged wife can become an agunah, often translated as a "chained woman." My Jewish Learning explains the basic problem directly: without the religious divorce, the woman remains married according to Jewish law and, in traditional communities, cannot remarry.

Its explainer on contemporary divorce issues adds the power imbalance more bluntly. Because the husband gives the get, some men use that control to extract money, custody concessions, or other terms in exchange for release.

This is why the issue is not only technical or liturgical. It is about coercion.

Orthodox institutions increasingly call it abuse

That language matters.

ORA, the Organization for the Resolution of Agunot, says on its mission page that protracted refusal to issue or receive a get is a form of domestic abuse that must never be tolerated. The Rabbinical Council of America uses similar language. In its statement condemning get refusal, the RCA says withholding a get when a marriage is functionally over is an exploitation of halakhic process and a manifestation of domestic abuse.

That is a significant shift in public framing.

Older discussions of agunah cases often sounded tragic but impersonal. Current advocacy groups and rabbinic institutions increasingly describe the behavior for what it often is: a weapon.

Why the problem is so hard to solve

If the abuse is so obvious, why does it keep happening?

Part of the answer is legal design. Traditional Jewish divorce does not work like no-fault civil divorce. Consent and proper procedure matter, and halakhic authorities are wary of coercion that could invalidate the get itself. That means a stubborn or vindictive spouse can turn the system's own caution into bargaining power.

Part of the answer is social. In insular religious communities, reputation, rabbinic relationships, financial pressure, and family standing all matter. A woman facing get refusal may also be facing custody battles, money problems, communal stigma, and fear that public advocacy will harm her children.

That is why many cases drag on for years even when outsiders think the moral answer is obvious.

What advocates like Yael Braun actually do

This is where Yael Braun enters the story.

Kveller's 2021 profile describes Braun as one of the few female religious court advocates in the United States and traces how she moved from informal support work into representing women in beit din settings. The article says she often helps women review agreements, accompany them to religious court, and pressure recalcitrant husbands through communal channels that ordinary litigants may not know how to use.

That pressure can include public tactics. Kveller reports that Braun described social media as "very effective" in some get-refusal cases because reputation travels across communities much faster than it once did. The piece also shows why women may hesitate to use that approach: stigma still exists, and not every client wants her private crisis turned into a public campaign.

The important point is that advocates like Braun do not simply translate legal jargon. They work the whole ecosystem around a case: rabbis, communal standing, public pressure, practical support, and emotional endurance.

The institutional response is larger than one advocate

ORA's own numbers show how large the response effort has become. Its homepage says it now fields about 1,000 helpline calls a year, helps hundreds of agunot annually, and runs dozens of educational programs. Its "What We Do" page says caseworkers build individualized action plans, work across both Jewish and civil systems, and when necessary apply social, communal, financial, and legal pressure to secure a get.

That same page shows the movement's long-term strategy: prevention. ORA's educational work centers heavily on the halakhic prenuptial agreement, usually called "the prenup."

The RCA strongly endorses that prenup and says it has a strong track record of preventing agunot by helping bring couples to beit din to resolve the get.

In other words, the system now treats this on two tracks:

Fight current cases.

Reduce future ones.

Why the halakhic prenup matters so much

If you ask many Orthodox activists what single reform has done the most to reduce future get-refusal cases, the answer is not a new court structure or a new slogan. It is the prenup.

The agreement does not abolish halakhic divorce. It changes incentives around it, usually by creating financial obligations that make refusal costly. That is why advocacy organizations keep pushing it. The point is not to modernize away Jewish divorce law. The point is to stop abuse from hiding inside it.

This matters because the most common misconception about agunah reform is that activists want to discard halakhah altogether. Many do not. They want halakhic tools used more aggressively and more honestly against manipulation.

Why the issue remains unresolved

Even with better advocacy, public pressure, and wider prenup use, the crisis is not over.

Some communities still resist the prenup. Some rabbis still hesitate to shame recalcitrant spouses publicly. Some women remain too vulnerable to fight openly. And some halakhic solutions that seem obvious to outsiders are still contested by insiders who worry about invalid divorce procedure.

That is why the subject continues to generate anger inside Orthodox life. It sits at the collision point between fidelity to legal form and the moral necessity of freeing women from coercion.

The communal consensus has moved farther than it once had. Major Orthodox institutions now describe get refusal as abuse. Advocacy groups are more professional, more visible, and more coordinated. Women like Yael Braun have expanded the role of female advocacy inside a system long dominated by men.

But the fact that so much effort is still required tells you the problem is structural, not anecdotal.

The real question

The real question is no longer whether agunah cases are tragic. That is clear.

The harder question is whether traditional Jewish communities are willing to treat get refusal as intolerable enough to build prevention into marriage before the crisis begins, and to apply public pressure without flinching when it happens anyway.

That is the test.

And it is the reason this remains one of the most morally charged issues in contemporary Jewish life.