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The Litigious Gerusha: Jewish Women and Divorce in Imperial Russia*
Published online by Cambridge University Press: 20 November 2018
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When Ita Myshkind learned that her husband had remarried before delivering the official get (bill of divorcement), she filed criminal charges against him in state court. “My husband,” she claimed, “Wishing to use my capital and valuable possessions, married me with the premeditated intention of divorcing me.” She complained that a few months after their marriage, he deserted her and married a certain Dveira Rafaelovich; and it was only after this blatant violation of the law that her husband hastily drew up the get without any rabbinic supervision. Efroim Myshkind, however, sharply contested his wife's account, asserting that he had sent a messenger to deliver the writ of divorce in the presence of two witnesses. “It is not at all difficult for a Jew to divorce his wife,” he wrote, “especially if she does not have a good reputation like Ita Kreines [here he used her maiden name], who spent an entire year abroad with different acquaintances.” But at the trial, the husband failed to prove that the get had satisfied all the requirements of Jewish law, much less that his wife had actually received the document. More important in the state's view, he had violated Russian civil law, which required a “spiritual authority” (in this case, a state rabbi) to supervise the divorce procedure. In October 1884, the Minsk court convicted the husband of bigamy and sentenced him to five months and ten days in prison.
Although Ita Myshkind did not achieve all her objectives (namely, forcing her husband to divorce his second wife), she did prevail on two important issues: securing material support and ensuring that her husband would not go unpunished for his crime. That a provincial Jewish woman could utilize the Russian legal system to obtain justice raises two important questions: first, when and why did some women begin to resort to the state; and second, how effective were their efforts and what was the impact on Jewish women and their society as a whole?
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1. Rossiiskii gosudarstvennyi istoricheskii arkhiv [hereafter RGIA], fond 821, opis 9, delo 13, list 1-1 ob., god 1884. Petition of Minsk meshchanka (townswoman) Ita Ioselevaia Myshkind (2 July 1884). The standard Russian archival notation will be used hereafter: f. (fond), op. (opis'), g. (god), d. dd. (delo, dela), 1. 11. (list, listy), ob. (oborot). Google Scholar
2. The get or sefer keritut (literally, “a bill of excision,”) was the bill of divorcement that a husband gave to his wife to finalize the divorce in accordance with all the requirements of Jewish law.Google Scholar
3. Ibid., 1. 10-10 ob. Letter of Minsk meshchanin (townsman) Efroim Myshkind to the Ministry of the Interior regarding his appeal to the Senate (10 August 1884).Google Scholar
4. According to state law, “marriages and divorces which are not performed by state rabbis or their assistants will be considered illegal.” Since Efroim Myshkind admitted that his divorce had not been supervised or recorded in the metrical book of divorce by the state rabbi of Minsk, the state considered the act null and void. See Levanda, V. O., Polnyi khronologicheskii sbornik zakonov i polozhenii kasaiushchikhsia evreev (St. Petersburg: Tipografa K. V. Trubnikov, 1874), p. 800. See also Rabbi N. Gershengorn, “K voprosu o evreiskikh metricheskikh knigakh,” Khronika voskhoda, Nos 1-2, 1899, pp. 7-8.Google Scholar
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9. Jewish women were not the only ones who resorted to the government; Russian peasant and noblewomen also increasingly turned to state courts and administrative institutions (e.g., the Senate and His Imperial Majesty's Chancellery for the Receipt of Petitions) starting in the period of the Great Reforms. See Beatrice Farnsworth, “The Litigious Daughter-in-Law: Family Relations in Rural Russia in the Second Half of the Nineteenth Century,” Slavic Review, Vol. 45, No. 1, Spring 1986, pp. 49–64.CrossRefGoogle Scholar
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15. The fifteen cases filed by Jewish men reveal that they shared similar concerns as women about marital dissolution but had different objectives and interests. Several suits dealt with husbands who refused to return a wife's dowry and provide support payments. For examples see RGIA, f. 821, op. 8, d. 356 (Aingorn vs. Aingorn) and d. 357 (Sagal vs. Sagal). One husband even sought to abandon his status as a Russian subject to avoid alimony and child support payments (RGIA, f. 821, op. 8, d. 361 Izrail'son vs. Izrailson). Other suits involved complex questions about marriages and divorces that violated Jewish law. Iudelia Katz filed suit to prevent his son and daughter-in-law from remarrying after their divorce, which was prohibited by Jewish law because the son was a “Cohen.” Also see RGIA, f. 821, op. 8, d. 296, 1. 52-54. Some men filed suit against rabbis who rejected petitions to divorce their wives on the grounds of insanity, childlessness, desertion, and so forth. For examples, see: RGIA, f. 821, op. 1. d, 366 (Kissin vs. Kissin); d. 37 (Budgar vs. Sevastopol rabbi); d. 56 (Oselka vs. Rabbi Berger).Google Scholar
16. Lincoln, Bruce, The Great Reforms: Autocracy, Bureaucracy, and the Politics of Change in Imperial Russia (Dekalb, 1990), p. 170.Google Scholar
17. The reformed court system in Imperial Russia consisted of a four-tiered structure: (1) the district (uezd) courts for minor cases; (2) the district (okrug) courts for more weighty civil and criminal cases; (3) the court of appeals (sudebnaia palata); and (4) the Civil or Criminal Cassation Department of the Senate which represented the highest court of appeals. The Senate sometimes transferred “Jewish cases” dealing with religious issues to the Rabbinic Commission. For more on the new court system, see J. W. Atwell, “The Russian Jury,” Slavic and East European Review, No. 53, 1975, pp. 44-61; T. S. Pearson, “Russian Law and Russian Justice: Activity and Problems of the Russian Justices of the Peace, 1865-1889,” Jahrbücher für Geschichte Osteuropas, No. 32, 1984, pp. 52-71; Wortman, Richard, The Development of a Russian Legal Consciousness (Chicago, 1876).Google Scholar
18. , Lincoln The Great Reforms, p. 261.Google Scholar
19. For example, Ita Myshkind's initial petition to the court cost 80 kopeeks in 1883.Google Scholar
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22. For examples, see GAZHO, f. 24, op. 3, d. 1134, g. 1889 (Suit of T. E. Fogelia and her daughter to receive inheritance from late husband); f. 24, op. 7, d. 153 (Suit of widow E. I. Gershberg to receive inheritance of her husband Dr. D. F. Gershberg). Property and inheritance cases usually include a copy of the last will and testament, claims from various parties, a court transcript and a final resolution.Google Scholar
23. For examples, see GAZhO, f. 65, op. 1, d. 178-end of opis. These suits include complaints against Jewish tailors and seamstresses for not completing orders on time or for ruining dresses, shirts and fur coats. For more on Jewish seamstresses and artisans, see Sara Rabino witch, “K voprosu o nachal'nom remeslennom obrazovanii evreiskikh zhenshchin,” Novyi Voskhod, No. 5, 4 February 1910, pp. 9–10.Google Scholar
24. For examples, see GAZHO, f. 19, op. 9, d. 172, g. 1876-1879 (Rape case of Shendlia Zal'berman vs. Moishe Aba Serlik); f. 19, op. 8, d. 76, g. 1873-1875 (Rape case of Brik Etli vs. Moise Landa). See also Engelstein, Laura, “Gender and the Juridical Subject: Prostitution and Rape in Nineteenth-Century Russian Criminal Codes,” Journal of Modern History, No. 60, 1988, pp. 458–495.CrossRefGoogle Scholar
25. Many of the domestic servants worked on Bol'shaia Chudnovskaia and Malaia Chudnovskaia streets, which were all part of the third district of the Zhitomir Justice of the Peace Court system.Google Scholar
26. “Senatskaia praktika,” Budushchnost', No. 5, 1902, p. 86.Google Scholar
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32. RGIA, f. 821, op. 8, d. 357, 1. 10-10 ob. Sura Litovchin Sagal vs. Abram Sagal, 18 May 1867.Google Scholar
33. Geographic mobility affected Jews to an extraordinary degree both because they were linked to commercial and industrial development and because of new residence laws for Jewish merchants, students, artisans and soldiers. See Kahan, Arcadius, Essays in Jewish Social and Economic History, ed., Weiss, Roger (Chicago, 1986).Google Scholar
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35. For the most comprehensive study of the state rabbinate, see Shochat, Azriel, Mosad ‘harabanut mi-ta'am’ be-Rusyah (Haifa: The University of Haifa, 1975).Google Scholar
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37. KGGA, f. 16, op. 469, d. 19, 1. 13.Google Scholar
38. “Polozhenie ravvinov v Rossii,” Vestnik russkikh evreev, No. 18, June 1873, pp. 543–544.Google Scholar
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58. The Editing Committee or the Civil Code Commission, created in May 1882, included many professional Russian jurists like Dmitrii Nabokov, Aleksandr Knirim and Nikolai Stoianovskii. For more on the composition of this committee and its proposals for legislative reform see Wagner, pp. 149-169. For a discussion on Jewish family law, see “Zakonoproekt po evreiskomu semeistvennomu pravu,” Budushchnost', No. 38, 1902, pp. 749-750.Google Scholar
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