The halachic Prenup was introduced 25 years ago and has since been adopted by many prominent rabbanims. It imposes the obligation of assistance in the Ketubah – the Jewish marriage contract that is read under the Chuppah. The Rabbinical Council of America requires its rabbis to use a halachic marriage agreement at all marriages they are in office. There are additional pre-marriage agreements to prevent refusals that have been signed in the United States. Moshe Tendler offers an alternative version. 147 As we have seen, the controversy between rabbinical judges extends both to the question of the justification for the imposition of a get and to the question of whether the sanctions authorized by Israeli law are halakhisch. See, for example. B, notes 50 and 88). What caused this change? Of course, rabbinical judges try to present their judgments as a continuation of the judgments of the past and almost never present their judgments as based on a different social perception than their predecessors. But it is clear that the increase in the use of ma`is alai is not due to the discovery of Halachian sources that were not known before, but to the idea that there are cases where a woman cannot be forced to live with her husband. Perhaps such a constraint on women would be acceptable in the past, but today large parts of society are not ready to accept them. This is why opponents of the new trend have focused on rejecting the idea of „marriage that no longer exists“.
More and more rabbinical judges believe that when it is clear that „married life has come to an end, there is no point in trying to artificially resuscitate bodies.“ Footnote 138 The rabbinical court can use the soil ma`is alai, which reflects the reluctance of the woman to continue living together, as a tool to end marriage. In other words, it is almost certain that the change in Israeli society and its attitude towards refusal lead many rabbinical judges to reconsider the approaches that prevailed in the past and to seek a more forgiving Halakhic position, ranging from a strict approach to the lechatchilah to a lighter and more beditavad approach. Footnote 139 10 Many have been written about this agreement, its transformations and its halachic bases.