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Have there been any Orthodox Rabbis who recognize the Saul Lieberman clause in a Ketubah or something similar to it? I understand originally there was working together between Joseph B. Soloveitchik ZT”L on it but that fell apart. Since then have there been any Orthodox Rabbis who have expressed support?

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As mentioned in my first comment, a good rundown of the clause and the Orthodox response can be found here.

It would seem that the Orthodox response was to wholly reject the clause. However, realising that the Aguna issue was something that was indeed a problem, they introduced an alternative - the creation of a pre-nuptial agreement.

Rav Moshe Feinstein in Igros Moshe, Vol. 7, Even HaEzer 4:107 endorsed this option which suggested adding a clause to the tenaim (the agreement between the families of the chassan and kallah regarding financial support), that should the marriage fail there was a way to enforce a divorce:

בדבר שאלתי כת"ה אם נכון להוסיף בשטר התנאים לשון כזה: אם אחרי הנישואין יבואו לידי פירוד ח"ו, אז הבעל לא יעכב מליתן גט פטורין והאשה לא תסרב לקבלו, כאשר כך יצוה הב"ד פלוני ע"כ. ועל ידי הוספה זו יכריחו הערכאות שיצייאתו שני הצדדים להב"ד

הוספת דבר זה מותר והגט לא יהיה גט מעושה. גם יש תועלת להצילה מכבלי העיגון. אבל טוב שיראה את החתן והכלה ויכירם היטב אם יש לחוש מצד טבעם שתנאי כזה יגרום למחלוקת ומריבות ביניהם ח"ו

Regarding the question I was asked, it is correct to add to the document of conditions (tenaim) the following: "If after the marriage they come to separate G-d forbid, then the husband will not delay in granting a divorce and the wife will not refuse to accept it, the Beis Din will accordingly order a certain court as necessary." And by this addition, the courts will force both parties to comply with the court.

Adding this (clause) is allowed, and the divorce will not be a "Get Meusah" (i.e. a bill of divorce that the husband was compelled by the court to write and give his wife). It also serves the purpose of saving (the woman) from a state of Agunah. But it is good that the bride and groom see and get to know them better, if there is a worry that from their nature, such a condition will cause discord and quarrels between them G-d forbid.

So essentially, this clause bestows authority upon a Beis Din, enabling the implementation of its judgments within the realm of civil law. Therefore, if a Beis Din determines that a husband must provide a גט, the wife has the option to approach the civil court to compel her husband to fulfill his commitment to the arbitration agreement. This procedure should not be considered undue pressure, as the civil court is merely upholding the Beis Din's decision.

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  • Thank you very much @dov
    – Kirk
    Commented Oct 18, 2023 at 16:22
  • No problem thanks for the opportunity to learn more!
    – Dov
    Commented Oct 18, 2023 at 16:23

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