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May 12, 2014
Interesting Psak: Freeing an Agunah
From the JC:
Obviously, we don't know enough about the case and the decision to comment, argue, support... but it is interesting to see that a beis din, an official beis din, has now employed such a method to release an agunah. This method of get zikui obviously won't help every agunah, but if it is really an acceptable method, it might help some...
A daring ruling by the Safed Rabbinical Court in northern Israel last month ended a seven-year ordeal for a 34 year-old woman who had been considered an agunah (chained woman) since her husband was badly injured in a motorcycle accident.
The husband never emerged from his deep coma and, two years ago, she asked the rabbinical court to grant her a get (divorce), allowing her to remarry by Jewish law.
The dayanim refused her request on the grounds that it would be a get meuse (contrived) and therefore invalid. In addition, the court received a medical report saying that the husband could come out of his coma and therefore she could not be divorced.
But a new head dayan reviewed the case and apparently agreed to use a rare and controversial method, get zikui (transferred), in which the court assumes it is acting upon the subjective will of the husband even though he has not actively authorised them to do so.
Most rabbis are against using a get zikui on the grounds that it could lead to a “slippery slope” of easy divorces. The Orthodox rabbinical world is anxiously waiting for the written reasoning behind the ruling to see if the method will be applicable in other cases.
Obviously, we don't know enough about the case and the decision to comment, argue, support... but it is interesting to see that a beis din, an official beis din, has now employed such a method to release an agunah. This method of get zikui obviously won't help every agunah, but if it is really an acceptable method, it might help some...
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It appears the reporter botched it, though. Granting a get for a husband in a coma is not a "get mueseh."
ReplyDeleteThe use of this method is actually quite limited. In the typical case where the husband is alive and well, and he saying, "I don't want to give her a get," this is useless.
ReplyDeleteHard to see, though, why if this works it was not used in the classic agunah situation (man goes off to war and does not come back for years.)
Besides the inapplicability of meuseh in this case, the translations of contrived and ttansfer are misleading.
ReplyDeleteAs for anon743pm, the soldier intends to return, and would not agree to divorce. Ditto the husband who took a long distance trip, who either intends to return, intends to send a ticket to the wife (or otherwise would have arranged a get ; see rav eliezer silver's introduction to his sh"ut for a similar case not applicable here).
Either way, the real test is whether rabbonim, prispective husbands, matchmakers, prospective in laws, mesadrei kidfushin l, etcs will accept such a "get". Or will people will hesitate to accept a get from the tzfat bet din that has nothing to do with this case. In other words, they just ruined their rep.
"As for anon743pm, the soldier intends to return, and would not agree to divorce. Ditto the husband who took a long distance trip, who either intends to return, intends to send a ticket to the wife (or otherwise would have arranged a get"
DeleteI don't know why it is so different. Imagine a man in the pre-modern era who went to war and disappeared. It is now five years later and he has not returned. If he is dead, then his wife is permitted. If he is alive, he is either a prisoner somewhere and cannot get out, or he is incapacitated and will likely never return. I don't see why that man would want his wife to remain an agunah any more than the man in this story, who suffered an accident and has been in a coma for years. Yes, the fact patterns are not identical, but in both you basically have someone who went away and, if alive, is likely never coming back.
By the way, if it was a shakey marriage, halacha assumes he used this opportunity to run away from his ex wife, and halacha requires specific proof of death, not captivity or inability to contact.
DeleteThis is a good possibility for agunot stuck because of physically and mentally sick husbands incapable of giving a gett.
ReplyDeleteonly if it is a valid method to be used
DeleteMentally sick -- look for batei din to claim every husband is mentally sick. (Certain generally unrecognized batei din claim this already: if the husband doesnt want to give a get, he is mentally sick retroactively, and she can remarry a cohen.)
DeleteBTW, from the translated article from haaretz (and I am not verifying the accuracy of the translation, just posting what was sent to me) that has more details, it seems Rav Zalman Nechemia Goldberg was somehow involved in approving this. If that is correct and he put his name on it, I think that gives it enough credibility to be valid
ReplyDeletehttp://www.mavoisatum.org/Image/uploaded/Haaretz%20article%20April%202014.pdf
It happens that Rav Uriel Lavi, the dayan behind this, is a major league posek and dayan.
ReplyDeleteBe very careful about using the Beth Din of America for your GET or other religious issue. Rabbi Shlomo Weissmann and Rabbi Gedalia Dov Schwartz both have seruv’s against them. Prior judges on this court have had a multitude of problems. Read more about it at www.thebethdin.com. Too many Beth Dins are corrupt and dishonest. As for ORA, it is only a Mamzer factory.
ReplyDelete