קאווע שטיבל

The Prenup is a document which was drafted by Rabbi Mordechai Willig in 1994 in consultation with other halachic and legal experts. It accomplishes two things: it forces the couple to choose a beis din (Jewish court) to get divorced by should the need, God forbid, ever arise. Second, it legally obligates the husband to pay $150 a day to his wife for every day he withholds the get.
The concepts contained in The Prenup are actually very old, dating back to the seventeenth century! In 1664, Rabbi Shmuel Ben David Moshe Halevi, the rabbi of Bamberg, Germany published a compilation of Jewish legal forms called the Nachalas Shiva. One of the forms in that book is a version of the tana’im (a Jewish wedding document) with a provision that is very similar to The Prenup. In a footnote to that provision, the Nachalas Shiva cites some authorities who held that the provision dates back to the Takanos Shum, the authoritative communal enactments adopted in the early Middle Ages by the leaders of the German communities of Speyer, Worms and Mainz.
The financial disincentive delineated in The Prenup is based upon a husband’s obligation according to the ketubah (marriage contract) to provide food, clothing, and shelter to his wife so long as they remain married. So The Prenup tells a husband “if don’t want to give your wife a get, then you must support her as outlined in the ketubah until you terminate the marriage by giving a get.” The Prenup has been endorsed by a number of leading poskim (adjudicators of Jewish law), including Rabbi Zalman Nechemia Goldberg, Rabbi Gedalia Dov Schwartz, Rabbi Ovadia Yosef, and Rabbi Osher Weiss.


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