Jewish Law & “Chained” Mrs Susan Zinkin

One hears a great deal about Shariah (Muslim law) and its strict code of conduct, especially with regard to women. So a recent story about an antiquated Jewish law came as an eye-opener. The Independent reports that Susan Zinkin, who divorced her husband in 1962, was forbidden from looking for new love for almost 50 years.

Only when her husband died an old man this week was she released from being a “chained wife” under Jewish law. “Ms Zinkin, 73, a retired Orthodox Jewish teacher from north London, divorced Israel Errol Elias in Britain’s civil courts 48 years ago but she was never able to obtain a Jewish divorce (known as a “get”) from him. And yesterday she spoke of her relief at finally being freed from her status as the world’s longest-serving “chained wife”.

Speaking from her home in Kfar Saba, near Tel Aviv, Ms Zinkin called on Britain’s network of beth dins (Jewish courts) to do more to help chained women and to speak out against husbands who refuse to grant divorces. “The Jewish religious authorities come together to talk about and solve all sorts of religious and social problems but they never seem to get around to discussing [agunahs],” she said. “It is time they did.”

Under halakha (Jewish law) only men have the power to grant a get. Women who cannot persuade their husbands to free them from marriage become known as “agunahs” or chained wives. Although they are legally divorced under British law, chained wives (particularly those within Orthodox and Ultra-Orthodox Jewish communities) often find themselves ostracised if they dare to remarry or speak out.

Ms Zinkin, who describes herself as “mainstream Orthodox”, said she felt unable to find a new husband because, without a get from her first partner, any new marriage would be considered unlawful by the wider community. Her children – and any of her future offspring – would also be shunned as mamzers, a halakhic term to describe the offspring of adulterous or incestuous relationships.

“That’s a terrible stigma for the child,” she explained. “They’re illegitimate for Jewish purposes and I just couldn’t do that to any child of mine. Even Jews who aren’t very religious wouldn’t necessarily want to marry someone and have children born with mamzer status.”

More here…

Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life. Hence, Halakha guides not only religious practices and beliefs, but numerous aspects of day-to-day life. Halakha is often translated as “Jewish Law”, although a more literal translation might be “the path” or “the way of walking.”

The word is derived from the Hebrew root that means to go or to walk, similar to Muslim Law, Shari’ah from the Arabic “Road” or “Path”. More here…

Halakha comes from three sources: from the Torah, from laws instituted by the rabbis and from long-standing customs. Halakha from any of these sources can be referred to as a mitzvah (commandment; plural: mitzvot). More here…