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Agunah : ウィキペディア英語版
Agunah

''Agunah'' ((ヘブライ語:עגונה), plural: agunot (עגונות); literally "anchored" or "chained") is a halachic term for a Jewish woman who is "chained" to her marriage. The classic case of this is a man who has left on a journey and has not returned, or has gone into battle and is MIA. It also refers to a woman whose husband refuses, or is unable, to grant her a divorce document in Jewish religious law, knows as a ''get''.
For a divorce to be effective, Jewish law requires that a man grant his wife a ''get'' of his own free will. Without a ''get'' no new marriage will be recognized, and any child she might have with another man would be considered a ''mamzer'', a term often translated as but dissimilar to the concept of a bastard. It is sometimes possible for a woman to receive special dispensation from a ''halachic authority'', called a ''heter agunah'', based on a complex decision supported by substantial evidence that her husband is presumed dead.
Because of the difficulty of the situation for women in such situations, it has been a task for every generation of halakhic authorities to try to find halakhically acceptable means to permit such women to remarry. In the past it was not uncommon, due to the danger of travel and primitive means of communication, for people leaving home never to be heard of again; consequently rabbis often had had to deal with this issue. Over the past few centuries, thousands of responsa have been written to deal with cases of agunot.
In the past most ''agunah'' cases were due to a husband dying without leaving clear evidence of his demise, or becoming mentally ill (insane). Nowadays many ''agunah'' cases arise as a result of a husband withholding a ''get'', perhaps seeking a more favorable divorce settlement, or out of vindictiveness. In response ''agunah'' groups have organized to support these women and try to find a solution to this problem. Various remedies have been proposed, but as yet, no one solution has common acceptance. Nevertheless, the Prenuptial Agreement for the Prevention of Get-Refusal is one remedy which is in use in Modern Orthodox Jewish communities worldwide and is accepted by moderate halakhic authorities. In a 2015 case a ''beth din'' (rabbinical court) published an advertisement naming a man who had refused his (ex-)wife a ''get'' for 15 years, refusing him entry into any synagogue and suggesting that people should avoid social and business contact with him. Ten years before an advert criticising a man who had denied his wife a ''get'' had been placed by the ''beth din'', but without calling for action.〔
In 2007 the Chief Rabbinate found that in Israel men and women were refused divorce in equal numbers, 180 women and 185 men over a two-year period. The Director-General of the Rabbinical Courts said this showed that "the claims by women's organizations of thousands of women whose husbands refuse to give them divorces have no basis in reality".
Nevertheless,

"A woman suffers more in this situation, as she is Biblically forbidden to marry again, and children she might bear to another man would be considered mamzerim (bastards) according to halakhah. A man is similarly not permitted to marry before being divorced, but the ban is much less severe (because monogamy was instituted by one single overreaching authority in Europe in around the year 1000CE, and was accepted in Europe (Ashkenazim), whereas Sefardic and Mizrahi (Eastern) Jewish communities did not until very recently.) This considered, his future children will not be considered illegitimate."〔

==Causes==
Circumstances leading to a woman being declared an ''agunah'' are:
* The disappearance of the husband without any witnesses declaring that he is dead;
* The husband succumbing to a physical or mental disease that leaves him in a coma or insane and unable to actively grant a divorce;
* The husband refusing to grant his wife a ''get'' when she is deemed entitled to one under Jewish law. A woman denied a ''get'' by her husband is technically called a ''mesorevet get'', although the term ''agunah'' is more commonly used.
A woman who is denied a divorce from her husband is not considered an ''agunah'' until her husband refuses an order by a rabbinic court to give her a ''get''.
What constitutes a legitimate request for a divorce is based on halakhic considerations and the particular case of the couple. See ''Mesorevet get'' below.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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