1. What Is a Get?
A get (גט) is a formal document of divorce under Jewish religious law (halacha). It is prepared and delivered in a specific, prescribed ceremony conducted before a panel of three rabbinical judges (a beit din). The word itself means "document" in Aramaic — reflecting the ancient origins of this institution.
The get is not merely a religious formality. In Israel, where there is no civil marriage or civil divorce for Jewish citizens, the get is the only legally recognised method of dissolving a Jewish marriage. A couple who obtains a civil divorce abroad, or even a Family Court order in Israel, remains religiously married until a get is properly granted and received.
The practical consequences are significant: a woman who has not received a get cannot remarry under Jewish law. Any children born from a subsequent relationship without a get would be considered mamzerim (illegitimate under halachic law) — a status that carries severe religious and social consequences in observant communities.
2. The Get Process
The get process takes place before the Rabbinical Court (Beit Din HaRabbanut), which has exclusive jurisdiction over Jewish divorce in Israel under the Rabbinical Courts Jurisdiction (Marriage and Divorce) Law 1953.
Step 1 — Filing: Either spouse can file a petition for divorce with the Rabbinical Court. The court schedules hearings and attempts conciliation (called shalom bayit — domestic peace) before proceeding to divorce.
Step 2 — The Ceremony: When both parties agree to divorce, the husband instructs a scribe (sofer) to write the get document specifically for the couple. The document is then handed by the husband to the wife in the presence of the rabbinical panel, who witness the act of delivery.
Step 3 — Confirmation: The Rabbinical Court issues a confirmation certificate (teudat geirushin), which serves as the official record of the religious divorce. This document is presented to the Population Registry to update the parties' civil status.
The entire ceremony is conducted in Hebrew and Aramaic, and no deviation from the precise format is permitted. A get that is technically defective is considered void, and the parties remain married.
3. When a Spouse Refuses
The most serious problem in the Israeli get system is get refusal (seiruv get). Under traditional halachic law, the get must be given and received voluntarily by both parties. A get granted under duress is void.
In practice, this creates a severe power imbalance. A husband who refuses to grant a get can effectively hold his wife hostage — preventing her from remarrying and using the threat of get refusal as leverage in divorce negotiations over assets, custody, or alimony.
While husbands can also be put in a difficult position if a wife refuses to accept a get (though this is far less common and the consequences less severe under halachic law), the vast majority of get refusal cases involve a recalcitrant husband.
4. The Agunah Problem
A woman trapped in a marriage by a husband's refusal to grant a get is called an agunah (עגונה) — literally, a "chained woman." The agunah problem is one of the most pressing human rights issues within Orthodox Jewish communities worldwide, and Israeli law has taken significant steps to address it.
In Israel, estimates suggest thousands of women at any given time are waiting for a get from recalcitrant husbands. The problem is amplified in international cases, where a husband may have left Israel and is beyond the Rabbinical Court's practical reach.
5. Enforcement Mechanisms
Israeli law has developed a range of tools to compel a recalcitrant spouse to grant or accept a get. These are codified primarily in the Rabbinical Courts (Enforcement of Divorce Judgments) Law 1995:
- Rabbinical Court ruling (psak din): The court first issues a ruling that one party is obligated to grant or accept the get. This is a necessary precondition for enforcement.
- Financial sanctions: The court can impose daily or periodic fines on the recalcitrant spouse.
- Imprisonment: Where other measures have failed, the Rabbinical Court can order imprisonment — in theory, indefinitely, until the get is granted. This is a measure of last resort but has been applied in extreme cases.
- Licence restrictions: Courts can suspend or revoke the recalcitrant spouse's driving licence, professional licences, and passport.
- Publication: The court can order that the recalcitrant spouse's identity and refusal be publicised — a powerful social sanction in observant communities.
- Family Court assistance: The Family Court can also take the get refusal into account in determining child custody, alimony, and property division — effectively penalising the refusing spouse in the financial aspects of the divorce.
Despite these tools, enforcement remains imperfect — particularly where the recalcitrant spouse has left Israel or holds foreign citizenship.
6. Foreign Couples and the Get
Foreign nationals of Jewish faith who are married under Jewish law — whether the marriage took place in Israel or abroad — face the get requirement if they wish to remarry under halachic law.
A civil divorce obtained abroad (e.g., in the UK, US, or France) does not resolve the religious marriage for Halacha purposes. Many diaspora couples who divorce civilly without obtaining a get discover this issue only when they seek to remarry — whether in Israel or in their home country — and find that religious authorities require a get before performing a new marriage ceremony.
For foreign nationals living in Israel, the Rabbinical Court in Israel can conduct the get proceedings. For those abroad, it may be possible to conduct get proceedings before a recognised rabbinical court in the relevant country.
In international cases with a recalcitrant spouse abroad, cross-border enforcement is extremely difficult. Legal advice is essential to explore all available options.