By Issam K. H. Halayqa
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Additional resources for A Comparative Lexicon of Ugaritic and Canaanite (Alter Orient Und Altes Testament) P. 1
Consistent with its misunderstanding of the get, the court observed that even the drafting of 30 Jewish Law and Contemporary Issues Chertok was not the first case in which a New York court failed to recognize that a Jewish divorce is not a judicial decree but is effected by the parties themselves, at the time when and in the place where the get is delivered to the wife, not when and where it is drafted. Saperstone v. Saperstone35 presented the converse of Chertok – the husband remaining abroad, in Odessa, and the wife immigrating to the United States.
33 The Russian government, in conformity with Russian law, was recognizing a divorce executed in its own jurisdiction on behalf of a woman domiciled in Russia. It was not recognizing a divorce perfected outside Russia under the laws of a different jurisdiction. an Arukh, Even ha-Ezer 141:63 and Even ha-Ezer 154, Seder ha-Get §§ 23 & 76. an Arukh, Even ha-Ezer 140:1. See Miller v. Miller, 70 Misc. S. 787 (Sup. Ct. 1911). See supra note 5. In Chertok, the court held not only that a get was invalid under American law but also that the rabbi issuing the get in the absence of a prior civil divorce decree was guilty of a misdemeanor.
Lizza returned to Odessa and remarried. Max petitioned for divorce on grounds of adultery. Citing language in the get freeing the wife to marry any man of her choosing, the trial court dismissed the petition. “The offense complained of . . 14 Only one justice, in the Appellate Division, dissented: Of course the law does not recognize the so-called “get” or Hebrew divorce, but it does not seem to me that the consent of these ignorant people in going through this sort of a procedure can be held either as matter of fact or in law as constituting per se the connivance or procurement which the law brands as a bar to the legal remedy of divorce on account of a subsequent adultery .
A Comparative Lexicon of Ugaritic and Canaanite (Alter Orient Und Altes Testament) P. 1 by Issam K. H. Halayqa