When a couple signs the Heskem, they ensure they are beginning their marriage with true Torah values, including mutual respect, integrity, love and a careful adherence to Halacha.
About The Heskem
What Does the Heskem Say?
The purpose of the Heskem is to give both parties to the marriage confidence that in case, G-d forbid, the marriage is no longer functional, all matters between the parties will be resolved in a Beth Din in accordance with Jewish Law.
The Heskem contains two parts. The first part of the Heskem serves as a binding arbitration agreement that ensures that any disputes between the couple will be resolved via the Beth Din process.
The second part is an agreement to a spousal support obligation which takes effect should the parties separate, and one party refuses to attend the Beth Din and abide by the Beth Din’s orders. This spousal support obligation remains in effect until the designated Beth Din releases the recalcitrant spouse from the obligation. Depending on the circumstances, the recalcitrant spouse subject to this obligation to pay maintenance can be either the husband or the wife.
It is our hope that the adoption of this document in the Torah world will help to prevent much suffering, with parties attending the Beth Din and abiding by their orders in a timely fashion.
Who Endorses The Heskem?
The Heskem is the product of a collaboration between HoRav Yosef Y. Feigelstock Shlita, Av Beis Din of Chabad communities of Argentina, HoRav Moshe D. Hakohen Gutnick Shlita and HoRav Yehoram Ulman Shlita - Senior Dayinim on the Sydney Beth Din.
It has received the endorsement of Hagaon HoRav Zalman Nechemia Goldberg zt”l, Hagaon HoRav Tzion Boaron Shlita, and other distinguished rabbonim and poskim.
Why Should I Sign The Heskem?
Signing the Heskem allows a couple to ensure they are beginning their marriage with true Torah values, including respect, integrity, and a careful adherence to Halacha. By signing the Heskem, a couple choose to follow da’as Torah in any potential circumstances and adhere to Torah guidance. Finally, a couple should have in mind that they are not signing a Prenup for their own needs, but for the betterment and security of klal Yisrael at large.
How Do I Sign The Heskem?
To sign The Heskem, please complete the steps below.
Read the document carefully and, if desired, consult with rabbinic and legal advisors prior to executing this document.
Appoint two witnesses. These witnesses need only meet the requirements of civil law, and do not need to meet the requirements of halachic eidim (witnesses according to Jewish law).
If possible, please sign the document at least a week in advance: the bride and groom are often very busy close to the wedding, and many brides and grooms will not see each other before the wedding, so it is often best to take care of the document ahead of time.
Sign the document in front of a notary. In many jurisdictions, clergy members can serve as a notary. Banks, pharmacies and law offices often also have a notary present.
Send a digital copy of the document to ORA at prenup@getora.org, The husband and wife should each retain a copy for their records.
Questions? Contact Us.
If you have any questions about the Heskem, please click here.