The Woman in Reform Judaism 139
In Leipzig in 1869, rabbis met again and moved forward on many issues, recommending that bride and groom exchange rings at weddings; that civil evidence of death be enough to free a woman to remarry; that halitzah be changed, if observed at all, so as not to be offensive; that divorce documents be in the vernacular, not Aramaic ; that they could be delivered by mail; that a woman might remarry if her husband refused to provide a religious divorce. In other words, civil divorce was to be completely recognized. They also decided that the entire matter of divorce should be reviewed in the interest of equality. In addition, they passed a resolution that dealt with good religious education for both sexes.”
Little new was added in Augsburg in 1871, but earlier statements were strengthened, for example, it was suggested that consent be asked of both bride and groom in the wedding ceremony and that rings be exchanged; this had already been the practice for some time in Berlin and Frankfurt .’ There were further statements on marriage, divorce, halitzah, and the agunah. The mood of the resolutions was conciliatory. The one on halitzah indicated that it did not fit into our time and was no longer necessary, but if someone wished to use it, the rabbis would be willing to oblige.
We do not have detailed minutes of these rabbinic conferences, but only summaries and some echoes in contemporary newspapers and journals. We do not know, therefore, what halakhic considerations may have been raised. The general tenor, however, shows that a revolution had taken place. The assembled rabbis considered themselves legislators and assumed the right to make major changes. If we place these changes in the context of the takkanot of previous centuries and the Middle Ages, we must recognize that they were far more radical. Only the decree attributed to R. Gershom eliminating polygamy approaches these changes in the status of women, marriage, and
family law.
The assembly Napoleon brought together had been called a Sanhedrin, and it responded as the Emperor wished and did not quibble about the title the assembly had been given.
The rabbinic assemblies did not call themselves a Sanhedrin or raise the endless halakhic issues that such a body would face.