Temporary Marriage - A Possible Solution to the Problems of Mesorevet Halizah and Agunah

Abstract

The problem of the Agunot (literally: chained women, women whose husbands refuse to divorce them) and the need to find an Halakhic solution to resolve their suffering has occupied Halakhic authorities throughout the ages. Lately, the problem of husbands who refuse to divorce and brothers-in-law who refuse to absolve widows from Levirate marriage has become far more acute both in Israel and in the diaspora for a variety of reasons. Some even regard it as the most severe Halakhic problem to occupy Halakhic authorities today and this is most certainly so in the field of marital relations. Various Halakhic solutions have been considered at different times, but most of these have been rejected by contemporary authorities In this research, we would like to present a little-known possible Halakhic solution - Temporary Marriage - in its two possible forms. We will consider its roots and the different applications of this solution in Talmudic sources, in both the Palestinian Talmud and the Babylonian Talmud, where there is a more detailed discussion. The two variations are, a premarital condition which will be used where the widow becomes liable for a levirate marriage and a Temporary Marriage to be agreed by the two sides. An example of the Babylonian application of this solution is the cry by important Babylonian Amoraim - “Who wants to marry me for day/s”. In these two cases, some of the Halakhic authorities rule that there is no necessity for a Get in order to terminate the marriage. We will consider the early Halakhic rulings in these cases and the modern version of this suggestion, which was also rejected by modern Halakhic authorities. We will also undertake a comparative study of a possible parallel to the marriage for a pre-determined period - the Shi'ite Temporary Marriage, which is intentionally restricted to an agreed period of time and does not require divorce to annul it. We will conclude our discussion by revealing the possible common roots for the Temporary Marriage and the Shi'ite Temporary Marriage in ancient Persian law.