Translate

4.3.12

divorce

divorce


In the Torah there are very specific instructions as for the get process. One is that the husband can't be forced (except in certain specific cases). In Eastern Europe there was a famous case (sorry I forget the name of the Rav--later note--R. Elchanan Spector of Kovno) of a husband being tricked into giving the get by promises and this was deemed to be forced.
However the Rema does mention in a teshuva different situations in which the husband can be forced. He does mention the question of danger. But he says playing cards or being mechalel shabat does not come into that category.
The next question is the money issue. This woman will almost certainly go to court to ask for half his assets and the court will in all likelihood grant this to her.
using a get as a weapon is not right I agree but using the power and might of the state as a weapon to steal from her husband is also not right.
This is stealing since the Torah does not grant to her half of her husband's assets so she is using the power to the state to steal. And stealing is forbidden according the Torah. Also there is a further question of the child but in this case the woman might be right for having the child with her. In general girls are with the mother and boys at a certain age with the father according to Torah law.
The next most pressing question here is rebelious wife (moredet). Simply put: the basic din of a rebellious wife is that she loses the ketubah plus the fruit of property she brought into the marriage (nichsai zon barzel and melug). In this case however she will surely try to steal most of his property. Why no rabbi thinks that stealing is a problem is a mystery to me.
And there the further question of why he does not want to go to a kangaroo court that he already knows what the verdict will be. I can't answer that question. especially when he know that what a beit din decides is in general not what the Torah says so it ha no din of a beit din.

my notes on renitzins husband:
Adam ZurMar 6, 2012 12:52 AM

I have a little thing I have thought about Gitin (Divorce) for a long time. It is the date. The sages established the date as from the time the present government began its reign. Counting from a different date makes the get not kosher. An example would be counting from the time of the beit hamikdash (from its building or destruction or from the time of a different government). These are all ways to posel a get. And though the present form is well established for along time,- but hey, so was the form of the get in the time of Rabbainu Tam established. That did not stop him from changing it. (Though I might not accept it, I would be very interested to know what R. Ovadiah Joseph would have to say about this. I don't always accept his conclusions but his halachic reasoning is very brilliant in general.)
ReplyDelete

The Rebbetzin's HusbandMar 6, 2012 07:23 PM

Adam-
That's why we write למנין שאנו מונין. See Nachlas Shivah on Kesuvos, Siman 12, where he stresses this.
Reply

Adam ZurMar 7, 2012 02:33 AM

Thank you. That answers my question.
(At least according to Tosphot. But Tosphot always goes according to the opinion that when the reason for a law is null then the law is null. So along with tosphot (in gitin)and your answer this answers the question fully. My main question was really according to the Rambam. But at this point it seems like nit picking since i always go by tosphot anyway.
ReplyDelete

Adam ZurMar 7, 2012 06:26 AM

I was also wondering about the issue of the fact that the husband appoints someone to write the get. I remember that the Tiferet Israel brings this question in the his booklet on Nashim. But I was wondering if there are other people that deal with this question. (To be clear: why does shlichut help in this case?)