The sun., 1902-12-27
MOSAIC DIVORCE RULED N. G.
(HICiGO SETTLES 4 POINT LONG
AGO DECIDED HERE.
It's curious Application Illustrated In the
Fast side Courts. where WHY lius.
bands sometimes Use II 10 Get for
themselves Two Wkes-l.ike Ihis.

The courts Of Cook county, H.. have
recently been called upon TO decide as TO
tho legality Of ghet, that l.. a divorce
granted by a rabbi under the Mosaic law,
They have decided once for all, "a the courts
IN this State long ago decided, that there
Is no reason why the courts OF American
State should recognize the authority Of a
Jewish ecc'esiastic to grant divorce.
The matter il one that comes up every
day In the courts OF this city. especially
in the Essex Market police court, which Is
in the centre of district in which almost
the entire population embraces the tenets
of the Hebrew faith. Only few days
ago a case showing the conflicting work.
ings of the Mosaic law and the law OF the
Commonwealth came up before Magls-
trate Crane.
Celia Kastelbaum appeared before Mag
istrate Crane and complained that her
husband Isaac had abandoned her. Isaac
said that his wife lacked ordinary affec-
tion and respect for him. In the argu-
ment which followed between the princi-
pals, the lawyers and the Magistrate this
state Of affairs came TO light:
Isaac and Celia were married under the
months ago their differences became 80
great that they separated. Celia desired
to get rid OF Isaac. She was girl Of strict
orthodox Hebrew principles and her parents
were even more strict than she. They
would recognize no divorce unless it were
granted by a rabbi under the provisions
Of the Mosaic law. which says that both the
husband and wife must appear before the
rabbi and unite In prayer that their mar
rage relation be dissolved. The rabbi,
under the Mosaic law. has full discreet ion to
allow the divorce II both husband and wife
ask for 1t for any reason sufficient to them
solves.
Celia was willing. and more than willing.
to ask for this divorce. Isaac was not.
Said he:
L may love other women than my Celia.
but still love her too much to see her the
wife Of any other man. Twill not 60 before
the rabbi
Nevertheless. he was perfectly willing
to admit that under the Christian law '
he had done things which would entitle
his wife to divorce under the statutes Of
the State OF New York, and he said he would
not oppose a divorce applied for by her
under the laws Of the State Indeed, he was
willing to help her in supplying evidence.
For see, said the willy Isaac, If | get
a Christian divorce l may marry again in
New Jersey or Connecticut. But my wife,
Celia, because she and all her people are
orthodox, will not marry again until she
gets a Hebrew divorce from a rabbi with
my consent-which will never give Thus
will have two wives, while my wife. Celia,
viii have only one husband-myself. Isaac
kastelbaum.'
Mrs. Kastelbaum was informed by the
court that II would do her no good at all
under the State law to get Hebrew divorce
from her husband and that il she did get
such divorce and married again she would
was further told that inasmuch as there
was no legal separation between herself
and Isaac the court could and would compel
Isaac to pay her IS a week for her support
She said that II this dire hardship would
compel him TO ask rabbi to separate him
court and get legal separation, SO that
she would be rid Of him forever.
The Chicago case was by no means as
simple as most OF the cases which come to
light on the East Side. In the case which
came before Judge Horizons court In Chi
rabbi In this country a Mosaic divorce
from q wife he had left on the other side
He had then married O woman in Chicago.
The Russian wife, on receiving her COPY
Of the ghef, did not dream Of disputing it,
authority until, emigrating to this country
yer that the ohet did not really set her hus-
band free from her. She at once prosecuted
him under the Illinois State law
The main question to be determined was
whether there was any treaty agreement
with Russia that a divorce recognized "a
binding in Russia should be so reco cognized
on this side Of the Atlantic. 1t was decided
hat Graber was guilty OF bigamv and that
he Mosaic law as set down in the Old Test a.
ment ts not the law OF the United States