Lieberman clause

Origins and purpose

Saul Lieberman, a prominent scholar at the Jewish Theological Seminary, developed this provision in the 1950s. The goal was to protect women from becoming agunot, or chained women, who are barred from remarriage because their husbands withhold the get. Historically, local communities could enforce divorces, but modern nation-states stripped these powers away. This clause reintroduces a mechanism for resolution through a designated religious court.

Arbitration mechanism

The text functions as an agreement to submit any marital dispute to a bet din authorized by the Jewish Theological Seminary. If a couple separates and the husband refuses to provide the bill of divorce, the court has the power to compel him to do so. Both parties must adhere to the rulings of this specific tribunal. This arrangement bypasses the need for civil courts to intervene in religious matters directly.

Reception and adaptation

Orthodox authorities generally rejected the clause as contrary to traditional law, limiting its use primarily to non-Orthodox denominations. In the United States, concerns arose regarding the separation of church and state and the enforceability of religious directives in secular courts. To address this, couples often sign a separate civil letter acknowledging the terms. Some Conservative rabbis have also explored alternative methods like retroactive annulment to resolve these issues.

How Lieberman clause is kept

The couple agrees to include the clause in their ketubah during the engagement or wedding ceremony. They designate a specific rabbinic court to handle potential divorce proceedings. If the marriage ends and one partner withholds the religious divorce, the other invokes this clause. The designated court then issues orders to resolve the impasse, ensuring the woman is not left without permission to remarry.

When and where

It is established when the ketubah is signed, typically before or during the wedding ceremony. It remains active until the marriage is dissolved or the death of a spouse occurs.

It is most common in Conservative Jewish communities in the United States and Israel. It is rarely used in Orthodox circles due to theological disagreements.

What Lieberman clause means

It represents a commitment to fairness and mutual responsibility within the marriage. It ensures that neither partner can unilaterally trap the other in a religious limbo. It reflects a desire to balance traditional law with modern social realities.

Who takes part

• The groom: Agrees to abide by the court's decision regarding the get
• The bride: Agrees to accept the jurisdiction of the specified rabbinic court
• Rabbi Saul Lieberman: Created the original text of the clause
• Bet din: Adjudicates the divorce and orders the granting of the get

Then and now

Usage persists in many Conservative weddings, though some rabbis seek alternatives due to legal validity concerns. The development of retroactive annulment offers another path to resolving the agunah problem without relying solely on this clause.

Questions people ask about Lieberman clause

See also

Marriage in CyprusA destination for civil and religious weddings that allows interfaith couples to marry outside their home laws.NikahThe Islamic marriage contract that establishes a binding union between two people.Self-uniting marriageA wedding where the couple marries each other without a third-party officiant.Wedding vow renewal ceremonyA service where a married couple repeats their marriage promises to reaffirm their commitment.

Good reading and sources

• Saul LiebermanJewish Virtual Library, Article
• Saul LiebermanJewish Virtual Library, Article

• Lieberman clause on WikipediaEncyclopedia
• Wikidata recordOpen data

It may contain mistakes. Wedding customs differ from one family, village and community to the next, and the people who keep them know them best. If something is wrong, tell us. Last refreshed 2026-10-05.