Maintenance the key

► May I compliment Simon Rocker on his excellent analysis of the current impasse regarding the current divorce legislation (The Jewish divorce controversy explained, Jewish Chronicle, 27 August 27).

As he explains, when the London Beth Din said that it was not for the rabbis to “decide whether a man is breaking the law or not”, it was merely stating the obvious: that there is a fundamental incompatibility between halacha and UK civil law. As regards gittin, halacha only permits a Beth Din to apply coercion and where a nonJewish court does so, without its prior authorisation, the get is automatically invalid (get me’useh).

Alan Miller (Doing their best, JC letters, 23 July) suggested that the civil courts order a recalcitrant husband to pay maintenance to his wife until he gives her a get. This, together with the withholding of the decree absolute, as is already available in English law, should prove effective.

There can be little objection since he is still halachically married to her and therefore is responsible to support her. The amount would have to be reasonable otherwise it would, in reality, be a fine, which would make the get coerced.

Unfortunately, UK civil law balks at appearing to act on behalf of any other system. Until it ceases to insist on its priority over halacha, the unfortunate agunot will be caught between the Scylla and Charybdis of two conflicting legal systems. Martin D. Stern

Salford