Chapters/Chapter 5
โš–๏ธ

Women's Rights

More Than Property

In halacha, women are acquired in marriage, cannot serve as witnesses, and can be trapped in marriages through the 'get' system. This chapter exposes the systematic inequality and affirms women's full humanity.

Women as Property

The language of Jewish marriage law is revealing. The Mishnah in Kiddushin 1:1 opens with: "A woman is acquired in three ways" (ื”ืืฉื” ื ืงื ื™ืช ื‘ืฉืœืฉ ื“ืจื›ื™ื). The word "acquired" (ื ืงื ื™ืช) is the same word used for purchasing property.

A woman is "acquired" through: 1. Money (kesef) - historically, the man gives the woman something of value 2. Document (shtar) - a written contract 3. Intercourse (bi'ah) - sexual relations with intent to marry

While apologists argue this is just legal terminology, the framework reveals the underlying worldview: marriage is a transaction in which a man acquires a woman.

In the ketubah (marriage contract), the husband obligates himself to provide food, clothing, and conjugal relations. But the woman's obligations? She owes her husband her domestic labor, and the income from her work belongs to him (Ketubot 47b).

๐Ÿ“œ Sources

Kiddushin 1:1 โ€” A woman is acquired in three ways
Ketubot 47b โ€” Husband's rights to wife's earnings
Shulchan Aruch, Even HaEzer 80 โ€” Wife's obligations

Testimony and Legal Status

A woman's testimony is not accepted in Jewish court (Beit Din). Shevuot 30a establishes that women are generally disqualified as witnesses, alongside children, slaves, and the mentally incompetent.

This means:

  • A woman cannot testify in her own divorce proceedings
  • She cannot serve as a witness at a wedding
  • Her word alone cannot establish facts in halachic disputes
  • In monetary cases, she is treated as inherently unreliable

The Rambam (Hilchos Edut 9:2) codifies women's disqualification from testimony as a Torah-level prohibition. The implications ripple through every area of Jewish legal life.

๐Ÿ“œ Sources

Shevuot 30a โ€” Women disqualified as witnesses
Rambam, Hilchos Edut 9:2 โ€” Codification of women's testimony ban
Bava Kamma 88a โ€” Women's legal standing

The Get: Weaponized Divorce

Perhaps the cruelest manifestation of gender inequality in Orthodox Judaism is the Get (Jewish divorce document). Only a man can give a Get. A woman cannot divorce her husbandโ€”she can only receive a divorce from him.

This creates the phenomenon of the Agunah (ืขื’ื•ื ื” - "chained woman")โ€”a woman whose husband refuses to grant a Get. She cannot remarry under Jewish law. She is trapped.

Husbands have used the Get as leverage to:

  • Extract financial concessions
  • Win custody battles
  • Control and abuse their wives
  • Punish women who want to leave

While some modern Orthodox authorities have tried to address this through prenuptial agreements, the fundamental power imbalance remains: the man holds the key, and the woman waits.

Organizations like ORA (Organization for the Resolution of Agunot) fight to help chained women, but the systemic problem persists.

๐Ÿ“œ Sources

Devarim 24:1-4 โ€” Torah law of divorce - man initiates
Gittin 2a โ€” Talmudic tractate on divorce
Shulchan Aruch, Even HaEzer 119 โ€” Laws of divorce

๐ŸŒฑ Your Next Steps

  • โ†’Support organizations like ORA that help Agunot (chained women)
  • โ†’If you're a woman who left, know that your voice and testimony have always mattered
  • โ†’Learn about your legal rights in civil lawโ€”they are far more equitable than halacha

๐Ÿง  Test Your Knowledge

Question 1 of 3Score: 0/0

According to Kiddushin 1:1, a woman is 'acquired' (ื ืงื ื™ืช) in how many ways?