“The Law of the Land and Jewish Law” 85

In the period since the Emancipation all groups within Judaism have acknowledged the state’s interest in matters related to marriage. It meant, as previously cited, that a Jewish marriage would not be performed if it were prohibited by the state. Similarly no get would be issued unless it had been pre­ceded by civil divorce. Through these acts, the principle of dina demalkhuta dina was extended beyond civil law. Reform Judaism, particularly in Germany and America , has gone one step further by recognizing civil divorce without an accompany­ing get and by ceasing any pretense that Jewish civil or criminal law is to be followed. Its adherents may choose arbitration by a bet din, but this continues to be rare.

Conservative and Reconstructionist Judaism

The way in which Conservative Judaism has treated dina demalkhuta dina may be seen through the actions of its Commi­tee On Law and Standards as well as the writing of its scholars. The Conservative movement has followed the same process as the Reform movement by issuing responsa through its Commit­tee on Law and Standards. The published proceedings of the Committee on Jewish Law And Standards contains references to dina demalkhuta dina, but no detailed discussion. This has been equally true of some of its leading scholars who have written widely on many aspects of the halakhah. ®® As with the Reform Movement, dina demalkhuta dina has been taken for granted as the background in a large number of debates. Elliot Dorff and Arthur Rosett have presented a full discussion of dina demalkhuta dina along with its historical background. They indi­cated that the movement recognizes civil marriage although not happily. Civil divorce, on the other hand, has not been recog­nized, The problems of the woman who may become an agunah are then fully discussed and various possible solutions pre­sented.” In other words, it exists in the background and has been taken for granted.

The Reconstructionist movement has followed the pattern of the Reform movement and understood dina demalkhuta dina broadly. Mordecai Kaplan dealt with it only peripherally in an attack on modern orthodoxy.”