Halakhic Pre-Nup Redux
I’m going to be performing a wedding in the US later this year. Something that naturally came up in my mind is whether or not to ask them(or possibly even require them) to get a halakhic pre-nup. It is not a light decision. Every Rav I talk to, which at this point includes Rav Amar and Rav Ovadia, says that there are halakhic problems with every halakhic prenup that could, under the proper conditions, result in a Get HeMeusah.
However on the flip side of the argument is the on going Agunah “crisis” in which more and more corrupt Batei Din are popping up allowing the most horrid forms of Get extortion. I know of one case in which a husband is in fact withholding a Get until he gets full custody of the children and alimony on top of that. Can I simply leave that possibility(no matter how remote) hanging over their future? These corrupt Batei Din run to give a man a heter meah Rabbanim, thus allowing him to remarry without granting a divorce, and leave the hapless woman as a perpetual Aguna until such time as she concedes to the husbands exorbitant demands.
In truth it seems that there is no easy answer. No matter how many times I turn this over in my head and look at it from different sides I still can’t find a side without a difficulty. So maybe I’m going to take the cowards way out, but ultimately I am not going to decide. Instead I have decided to explain the issues to the couple and then strongly recommend that they make a halakhic prenup. Strongly recommend but not require. I will still do the wedding either way, but my hope is that they will decide that they will get one.
What would you have done?