The article claims that a Beis Din must treat everyone fairly , but how does this happen when Halacha favors the man in division of marital assets ? Halachically speaking , a wife can be entitled to a paltry sum of the kesubah , while her husband walks away in wealth . Secular court will not make the distinction between the monetary rights of a husband versus the wife .
The issue of how halacha treats women in cases of divorce is a complex multifaceted topic and does not directly pertain to the fairness of a beit din applying the rules. NY courts are supposed to fairly apply NY law even if California law is more favorable to a given party . Batei Din are supposed to apply Jewish law ,ie ,halacha .Let me make three observations :1)first ,to the degree that most assets are held in both names like a home ,the equity in the house will be divided equally .The rule that assets go exclusively to the husband applies… Read more »
The article claims that a Beis Din must treat everyone fairly , but how does this happen when Halacha favors the man in division of marital assets ? Halachically speaking , a wife can be entitled to a paltry sum of the kesubah , while her husband walks away in wealth . Secular court will not make the distinction between the monetary rights of a husband versus the wife .
The issue of how halacha treats women in cases of divorce is a complex multifaceted topic and does not directly pertain to the fairness of a beit din applying the rules. NY courts are supposed to fairly apply NY law even if California law is more favorable to a given party . Batei Din are supposed to apply Jewish law ,ie ,halacha .Let me make three observations :1)first ,to the degree that most assets are held in both names like a home ,the equity in the house will be divided equally .The rule that assets go exclusively to the husband applies… Read more »