Showing posts with label divorce. Show all posts
Showing posts with label divorce. Show all posts
Feb 25, 2024
Halacha Headlines: 2/24/24 – Shiur 457 – Avoiding the #1 reason for divorce - how to stay connected with your spouse and not drift apart (audio)
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Oct 3, 2023
religious discord
Sad story of religious discord causing marital discord as reported by Actualic.
A couple has been married for 7 years They originally married as secular Jews with a Jewish wedding ceremony. The husband was an air force pilot and after he finished his regular service he started to show interest in religion - he started off with putting on tefillin regularly and eventually increased his adherence to shabbos, kashrus, and more.
The wife, a special ed teacher, claims he is reigning terror in the house with his religious demands. He denies it saying that demanding their child wash netilat yadayim in the morning or that he make blessings on his food is not terror. Demanding they keep shabbos or that they get rid of the destructive televisions form the house is not abuse or terror.
Husband claims their wedding was not even valid because while they were up there getting married and making brachas they were serving not kosher food to their friends.
He wants to get divorced or have the marriage canceled without having to pay her the ketuba or anything else.
Wife claims that the wedding was fine, the rav officiated at the ceremony knowing what was going on around them in the hall and the wedding itself was kosher. Not just that, they had an agreement from when he started to show interest in religion that he would keep it to himself and she would not bother him or prevent him from his religious interests, while he would not make demands of her and their child. She says he is now making demands in the house to have separate dishes for milk and meat and that she cant drive on Shabbos and must keep shabbos completely, etc. She says she is willing to be respectful in the house of his needs but she wants to continue driving on Shabbos with the child to go to the beach and to turn on lights, etc.
This is a tough situation and it is a shame that this is how it is turning out. Some people in these situations do work out a system of mutual respect based on their love for each other and find ways to continue to be happily married while respecting each other's needs. It certainly seems reasonable that it wont always work out for the best and his conviction to his religious needs, which sound like they might not be guided by rabbinic counsel all the time, might impede his continuing his relationship with his wife who is not interested in all that, and divorce could be a reasonable solution, unfortunately. That being said, he seems to be getting nasty about it. If he wants to move on because of his religious growth, just say so, pay her what is owed via divorce and stop trying to turn it all into her fault - he changed, not her.
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Jan 9, 2023
the Lebanese groom divorces his wife, just in case
We have not heard form the Lebanese groom in a while. To remind you, Eliyahu Hawila from Lebanon living in the USA posed as a Jew while he became frum, though he was not actually Jewish. Hawila met a nice frum girl form the Syrian community and they dated and married. her family shortly thereafter discovered his real identity and that he is not Jewish and chased him out of town. Hawila went soul searching, I guess, and actually discovered that he is Jewish, as a maternal grandmother a few generations back was Jewish and married a Muslim, and the generations of daughters since had lived as Muslims but were actually Jewish, making him Jewish. this discovery made things even more complicated because, if true, his wife would now need a gett, an official halachic divorce paper and not just a civil divorce.
Hawila wanted to reconcile and because he was actually Jewish, in at least his opinion, he wanted to stay married and it would not be a problem with her Syrian community as he is not a convert. A beis din supposedly did the research and actually discovered it to be true, he is Jewish, but to erase any shadow of a doubt he did a conversion lchumra.
The lady's family filed for annulment in the beis din of the Rabbanut of Tel Aviv. The family claimed because he was a Muslim at the time of the wedding the marriage was null and void and no divorce should be needed. The beis din did their own research and also discovered he is actually Jewish, or at least there is a strong possibility of that being so. The Rabbanut beis din decided that because of the possibility he might have been Jewish all along, they cannot approve of the dissolution of the marriage without a gett.
To that end, the beis din put a restraining order on Hawila preventing him from leaving Israel until he would grant the divorce to his wife.
It took several months, but Hawila has now granted his wife the divorce. She is finally rid of him. The crazy story has finally come to an end. At least until he dupes another Jewish girl into marrying him.
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Labels:
conversion,
divorce,
fraud,
Jews,
lebanon
Nov 20, 2022
Headlines Podcast: 11/19/22 – Shiur 395 – Life Before Divorce – How do we stop the upward trend of divorce in our communities? (audio)
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Jul 25, 2022
Phone vs Wife
I could not find an article in Hebrew about this, which is unusual, so I have to rely on VIN for this story...
According to the report, the beis din in Jerusalem avoided a potential aguna situation all by chance and luck.
The story goes that he was refusing to grant the gett to his wife, and the proceedings were dragging out. One of the dayanim noticed that the husband was recording the proceedings and told him to stop, it is not allowed. When the dayan noticed that he had continued to record the proceedings, they took his phone to check it, and discovered the recordings.
The dayanim told him he could be subject to a fine, but they also told him they need to hold on to the phone for 7 days to check for any other recordings. They decided it is legal and within their rights to do so as the court has the right to demand any document needed for clarification, and the cellphone could be classified as an electronic document..
The husband could not bear to be away form his phone for 7 days, so he immediately agreed to give his wife the gett, right then and there rather than give up the phone.
the dayanim agreed and the gett was immediately processed and given.
This guy could not bear to be with his wife and without his phone... In this case of Phone vs Wife, it looks like they both won. We will call it a tie. She got her gett and the phone got its guy.
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Jul 24, 2022
divorce is going to the birds
In case you thought you had heard everything strange about what might hold up a divcorce, you probably haven't...
At a beis din in Israel, divorce proceedings were held up when the estranged couple began fighting over custody of their pet African Jacko bird.
According to Maariv, when they started arguing about custody over Yanekele, their pet Jacko, each side claimed ownership along with a special emotional connection with the bird.
And this happened in the final stages of the divorce proceedings, just before the gett was to be finalized.
The beis din decided to move the argument to the hands of an expert who would look into their claims and determine who actually had this special connection with the bird and who simply was out to get revenge and prevent the other from living happily ever after with his or her bird. I am not quite sure what type of expert is called in for such an analysis, but I guess that's why I am not on the beis din.
So far the beis din has not been able to resolve the situation and the gett has been postponed.
These Jackos are worth a lot of money... and Jackos often can talk so maybe they should just ask the Jacko which he wishes to live with, or with which he has a stronger emotional connection
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Apr 5, 2022
Interesting Psak: she is divorced but he isnt
The Times of Israel is reporting on a really strange and unusual situation in The Rabbanut beis din in Jerusalem.
According to the report, a man and a woman were married in 2006. Since then they had five children together. In 2017 she decided she wanted a divorce. He refused to give her the gett and free her. Eventually, after two years, the beis din declared her an agunah saying her request is legitimate and if he does not comply, social sanctions would be applied against him. Social sanctions were ineffective and failed, as people generally ignored the sanctions and conducted their regular business with him (rented an apartment and whatnot), and the beis din recently threatened to imprison him for his refusal, as the law allows.
The threat of jail seems to have done the job and Mr eventually agreed to grant the divorce with the gett.
While he agreed to give the divorce, it was just an attempt to avoid the punishment, not to actually give the divorce. At the divorce ceremony it seems this fellow tried to invalidate the gett in various ways, saying words incorrectly and whatnot. Beis Din ignored his fooling around and made him repeatedly say the text until eventually they were satisfied that it had been done properly and they declared the divorce kosher.
The dayanim warned Mr that if he goes around talking about the case and casting aspersions about the validity of the gett claiming it was invalid he would be held in contempt of court. He actually violated that and after the fact publicly claimed the gett had been invalid as he had said words incorrectly and all that. he was jailed for seven days because of this.
The strange part is the final decision. The beis din decided that the divorce was valid and final. the woman is divorced and free to court other men and get married, should she so desire. However, the man is claiming he is still married to her because, he says, the gett was invalid - because he is declaring himself still married, so he is not allowed to marry another woman. if he wants to he will have to grant his ex-wife a second gett.
The beis din divided up their statuses using the concept for him of a person considering somethign forbidden actually makes it forbidden to himself, even if in reality it is not forbidden. In this case he continuously declared himself still married, so we will not allow him to remarry even though technically he is wrong.
It should be noted that the ex-wife has said if he grants her a second gett she will accept it to free him.
This si a strange case. H finally agreed to divorce her and she ends up divorced but he does not. The question might remain if a beis din will grant him a hetter mea rabbonim to allow him to remarry without granting the second gett....
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Feb 20, 2022
The marriage that was never a marriage
Crazy story.
Haredim10 is reporting on a situation that came before a beis din, due to a divorce and custody battle.
What started off as a standard divorce case, with Mrs filing for divorce in the Rabbanut of Netanya claiming that her husband had not been faithful - he had cheated on her. She was demanding a divorce along with custody of the children and payment of the ketuba.
While, assuming she can prove he cheated on her, this seems straightforward enough, Mr's attorney denied the authority of the beis din to preside over the case and rule on the situation, considering he is not Jewish. Even though they had gotten married having registered in the Rabbanut of Hadera with him registering as a Jew with documentation. he is now claiming he is not Jewish.
Mr is now claiming that he only found out recently, a few years ago, from his mother that he is not actually Jewish, and she gave him the documentation to prove it - the original birth certificate. Momma is Russian and had come over to Israel with forged documents and they all registered as Jewish, but they really were not. When she left Israel 3 years ago for the greener pastures of Canada she revealed the truth to him.
He, and his twin brother, and a third brother, had all married as Jews to Jewish women and have had children, and they were not actually Jewish. The kids are, as the mothers are, but the fathers/husbands are not.
Whoa. Shocking revelation! Shocking argument to present in beis din to avoid a custody battle!
If true, they were not even married, halachically, and no divorce is needed, though she still has monetary claims on him.
Beis din decided to investigate the matter and after finding it to be accurate they hired external investigators to investigate and confirm. At the end of the day, there was nothing they could do as it was discovered and confirmed to be true, so they had no authority to rule on her divorce case. The beis din directed them to the regular courts to resolve the matter.
Wild case.
And I will use it once again to show that deception and mistakes happen and can happen in every beis din, even in a centralized registry like that controlled by the Rabbanut. After the case in New Jersey of the Lebanese fellow who posed as a Jew, Israeli rabbonim pointed to that showing the importance of keeping the Rabbanut in its current format as the only way to combat such situations - the truth is it happens even with a centralized body like the Rabbanut.
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Dec 26, 2021
wait until 9999
This is weird.
According to Times Now News, an Australian man who followed his ex-wife to Israel so he could see his children is now going to be stuck here for nearly 8000 years!
Or until he pays his debt of child support.
Whichever comes first, I guess.
By the time the year 9999 comes along he probably wont be able to travel due to his age and deteriorating health. Heck, we might even still be in Covid lockdown or with a closed airport due to some new variant. Or maybe Australia will be.
Noam Huppert followed his ex wife, in 2012, a year after she moved to Israel. Nice, he missed his kids. Good for him. But now he can't leave.
I guess they were just separated in Australia because Mrs Huppert filed for divorce in Israel. Noam was ordered to pay child support of 5000nis per month, until his two children turn 18, and they issued a stay of exit order due to this future debt. No traveling for vacation, for holidays, for work, etc. Nothing.
So if he pays his child support faithfully every month, he should be good to go when they turn 18. If not, he is stuck here until December 31, 9999. I dont know what happens after that - can she get the order extended or reissued? Will Israel even still exist in 9999? Will the world?
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Labels:
divorce
Aug 29, 2021
the unlikely rescuer of the Afghani womens soccer team
Last week we discovered that the Last Jew in Afghanistan, Zebulun Simantov, is really there because he refused rescue efforts as he is a "get refuser", holding his wife in Israel as an aguna while he refuses to divorce her.
It turns out the story gets even more interesting, heroic, and ironic. All in one.
According to TOI, Moshe Margaretten, an Ultra-Orthodox "fixer" from Williamsburg, who has a hobby of getting Jews out of danger, funded the efforts through Moti Kahana by raising $80,000.
When Simantov refused to leave, Margaretten put together an alternate plan. Realizing that with the Taliban taking over control of Afghanistan, many women would be in danger, along with other people who had ties to the previous government. When Simantov refused to be extracted, Margaretten moved forward with the extraction plan of 23 other people, including women, judges and prosecutors, and among the women were members of the Afghan national women's soccer team. And he plans on raising more money to rescue more people and get them out of Afghanistan.
You can get more of the interesting story of Margaretten, and Kahana's heroic rescue efforts, from the TOI article (linked above). The irony is noted by Margaretten himself in noting that he failed in rescuing a recalcitrant husband and that resulted in rescuing a group of women from a repressive society.
This was totally unexpected. As much as you know there are all types of people everywhere and in every group, you read a story like this and it is still a surprise to see it in action.
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Apr 29, 2021
replaced by a pig
Back in the day, specifically the initial lockdown a year ago, the streets were so empty of human traffic, foot or vehicular, that all sorts of wildlife were seen entering cities and wandering around, maybe looking for food or entertainment... in some places this continued much longer, to different degrees, even though people were out and about, it was still much quieter than normal and more welcoming for the animals.
I must note that this was not unique to Israel. This phenomenon was happening in places all around the world.
In Haifa, and other cities in northern Israel, they were plagued by wild boar roaming the city. The boar have remained until now, perhaps in smaller numbers and likely with decreasing frequency. I happened to be in Haifa one day this week and did not notice any, but the news has reported on the phenomenon that continues to this day.
It seems though that these wild boar are not just a nuisance, knocking over garbage cans, frightening children, digging up gardens and the like. They are also replacing husbands - well, at least one.
Mako is reporting that a couple in Haifa have registered for divorce over one of these wild boar.
The Husband, a man in his forties, and his wife of 17 years, are splitting up. He claims that she has chosen the wild boar over him. They come into the garden, which they have destroyed, and she encourages them by feeding them.
He is upset that they have destroyed the garden, but he is also frightened that one day it might attack him. Not only that but he claims that she refused to let him have pets like a parakeet, but now she is letting the wild boar into the garden and taking care of them.
He says he brought in a professional to get rid of them and prevent them from coming in to their garden, but she refused to allow the work to be done.
She says she likes the animals and if he cannot live with them he is welcome to leave.
the beis din sent them to "shalom bayit" to work this out and attempt to prevent a divorce.
It can't feel good to be replaced by a wild boar.
source: Mako
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Dec 20, 2020
a little bit of good will can go a long way
Fighting about what to name a child is not uncommon. In the Haredi community there is generally a policy to go by, if the couple is part of that community and willing to go by it - as to which parent gets naming rights for which child. But even then there are exceptions, such as in a situation where a close relative recently passed away.
At the end of the day, no matter what the original agreement or policy followed is, a bit of good will goes a long way.
When there is a divorce, there is often, perhaps too often, very little good will.
Haredim10 brings a recent case that ended up in family court in Petach Tikva. The couple is in the process of getting divorced. They have already separated and Momma gave birth to a little baby boy. Mazel tov!
Momma named the baby, she even gave him two names, and Papa realized that neither name is the name of Grandpa, his late father. According to Papa, they had had an agreement that the baby would be named for Grandpa. When born, Momma gave the baby two names, neither of them the "agreed upon" name of Grandpa.
Papa claims that Momma acted in bad faith, reneging on the agreement, and in doing so she prevented the father from actualizing his rights as guardian of the child.
Momma claimed that there was no such agreement to name Baby after Grandpa, and Papa attempting to change the name in the Ministry of Interior was unilateral without consulting her. Momma refuses to acquiesce to changing a name to satisfy Papa and claims that he is only fighting this issue just to oppose her.
The judge proposed a compromise - change the child's second name to the name of Grandpa, while the mother's original chosen name would remain the child's first name and would likely be the name used on a daily basis.
Momma refused to compromise on this.
The court brought in a social worker who supported Papa's claim to change at least the second name to Grandpa's name.
Eventually Momma agreed to change the name and requested to not be charged with court costs for this.
The court accepted the arrangement, but also charged Momma with the court costs. The judge decided that even without her agreement, the father has the right as guardian, just as the mother does.
So basically, fighting over the name of your child can get so bad that it could end up being decided by a judge. A little bit of good will can go a long way. There's really no reason to get so bitter.
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Dec 6, 2020
Headlines Podcast: 12/5/20 – Show 300 – Divorce process; Why is divorce so contentious (audio)
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Nov 12, 2020
The hetter mea rabbonim in use again, but only for some
A number of news websites last night posted about something that happened with a well known Israeli personality. All the sites have since removed their articles on this matter (one explained they had been asked to and even though he report was allowed legally and halachically they decided to agree to remove it), so in this post I am not going to name the person (if someone posts it in the comments I will not remove it), because the post is not about him.
A well known Israeli performer has been in a bad relationship for a while and it has been fairly public. About a year ago this couple split up and it was messy and in the news a lot, at the time.
It seems that she has been refusing to accept a divorce, turning him into an agun - a chained husband. I don't know if she was making demands he wouldn't or couldn't acquiesce to, or if she was just flat out refusing. Ether way, he was stuck.
The news reports can still be found in some places, sans the names of the involved parties. Beis Din decided to give her the status as a "get refuser" and thus enacted the "hetter mea rabbonim" to allow him to remarry even without divorcing his wife first. She is, obviously, shocked and opposed to this and has protested the decision (beis din responded she has the right to appeal to the Beis Din Hagadol in Yerushalayim) and calls it bigamy. The truth is I never understood how the hetter mea rabbonim gets around the bigamy issue in western societies that have laws against bigamy and polygamy. In halacha, sure, but legally in the secular world I do not know how this works. How can he legally get married in Israel if he remains married to his first wife? I don't know, but that's a side point I guess. Maybe it is an explicit exception in the law in Israel, but the question would still remain open in other countries with similar laws.
I am not going to comment on the granting of the hetter mea rabbonim. I know so little about the case, nothing about the psak beside for the headline summary and almost nothing about the details of the dispute, that it would be inappropriate to comment on that - beyond my assumption that beis din judged fairly and honestly and surely went through all the possibilities before settling on this as the viable solution.
What I will comment on is the sad state of affairs that in just a year or so this dispute could end up with a hetter mea rabbonim, while so many others continue to drag on for years with no solution in sight or possible. And so many women in a similar situation have no solution at all. I am not going to solve the problem, and some problems don't even necessarily have a solution - many have been trying for a long time, and it is a halachic quandary that has yet to be resolved in a halachically acceptable manner for the masses (individual cases at times do have solutions) (hopefully soon some rabbonim will find an acceptable solution), but I can commiserate and lament the ease of implementation of a solution for men and the difficulty of having any solution for women.
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Apr 26, 2020
Headlines Podcast: 4/25/20 - Show 269 - Divorces and Parent Alienation: What’s the Halacha and Hashkafic Approach (audio)
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Dec 29, 2019
12/28/19 - Show 252 - Prenuptial Agreements; Halacha, Hashkafa and Practicality (audio)
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Dec 15, 2019
12/14/19 – Show 250 – “Quick Divorces” after marriage. Why are they happening? Can they be avoided? (audio)
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Sep 25, 2019
the Haredi father paying child support: we were never prepared for such sums of money (video)
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Jan 8, 2019
Interesting Psak: paying the lira ketuba in dollars
45 years ago in the city of Lod a young couple got married. The ketuba given was written for 100,000 lira.
Needless to say, the lira no longer exists as a currency today, as they are getting divorced.
The question is how much he needs to pay her for the ketuba payout.
Mrs is demanding 238,000nis, claiming the currency exchange and inflation - meaning, she says it should just become 100,000 in shekels instead of lira, plus inflation.
Mr is saying that based on what the lira is worth today, he only owes her about 20nis, and he is more than willing to pay it in full. Magnanimously he even offers to double or triple it to make her happy.
The beis din in Petach Tikva heard the case and considered the halachos relevant to the monetary issues and decided that 100,000 lira is 100,000 lira, and NOT 100,000nis. And, because nothing was specified as to the rate of inflation, the halachic linkage would put it against the dollar. After some research, they concluded that 100,000 lira in 1974 is currently worth $15,000.
The conclusion of the beis din was:
1. Mr is obligated to pay up the ketuba
2. the debt was for 100,000 lira
3. $15,000 is the sum to be paid in actuality
sources: Haredim10, Kikar
Needless to say, the lira no longer exists as a currency today, as they are getting divorced.
The question is how much he needs to pay her for the ketuba payout.
Mrs is demanding 238,000nis, claiming the currency exchange and inflation - meaning, she says it should just become 100,000 in shekels instead of lira, plus inflation.
Mr is saying that based on what the lira is worth today, he only owes her about 20nis, and he is more than willing to pay it in full. Magnanimously he even offers to double or triple it to make her happy.
The beis din in Petach Tikva heard the case and considered the halachos relevant to the monetary issues and decided that 100,000 lira is 100,000 lira, and NOT 100,000nis. And, because nothing was specified as to the rate of inflation, the halachic linkage would put it against the dollar. After some research, they concluded that 100,000 lira in 1974 is currently worth $15,000.
The conclusion of the beis din was:
1. Mr is obligated to pay up the ketuba
2. the debt was for 100,000 lira
3. $15,000 is the sum to be paid in actuality
sources: Haredim10, Kikar
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Nov 6, 2018
gett refusal incurs heavy fine
A husband refusing to grant his wife a gett, essentially leaving her as an agunah, is a big problem. From what i have read, another major problem is the women who refuse to accept a gett from the estranged husband, holding out until demands are met. I have seen conflicting numbers on these matters so I do not know which is more serious, but the beis din can often find simpler solutions to the woman refusing to accept than they can when the husband refuses to give.
A case went before the beis din. The couple had married in 2010. In 2014 Mr filed for divorce. Two and a half years later the beis din ordered them to divorce after efforts towards reconciliation failed. Mrs does not want to get divorced, though her appeal to the Beis Din Hagadol was rejected. The beis din also decided that after such a long separation without any successful reconciliation, the divorce should be forced on her - sanctions should be imposed on her until she accepts.
Mrs continued to refuse the divorce. The beis decided that Mr had suffered years of abuse at the hands of Mrs and at the hands of her family and that is what caused him to despise her. They also decided that the reason she refuses to divorce and the reason reconciliation was not successful is her desire to control him with emotion and sometimes physical abuse.
The beis din has imposed sanctions on her, including not allowing her to leave the country, no passport or drivers license, among other sanctions. Her appeals were rejected.
Because she continues to refuse the gett, beis din decided to impose further sanctions under the category of contempt of court, or in this case contempt of the beis din by her refusal to comply with their orders. She will now be obligated to pay a fine of 165nis per day until she accepts the gett. She also will have to pay 40,000nis to her husband to compensate for monetary damages she caused him by her refusal over a period of our and a half years.
source: Takdin
A case went before the beis din. The couple had married in 2010. In 2014 Mr filed for divorce. Two and a half years later the beis din ordered them to divorce after efforts towards reconciliation failed. Mrs does not want to get divorced, though her appeal to the Beis Din Hagadol was rejected. The beis din also decided that after such a long separation without any successful reconciliation, the divorce should be forced on her - sanctions should be imposed on her until she accepts.
Mrs continued to refuse the divorce. The beis decided that Mr had suffered years of abuse at the hands of Mrs and at the hands of her family and that is what caused him to despise her. They also decided that the reason she refuses to divorce and the reason reconciliation was not successful is her desire to control him with emotion and sometimes physical abuse.
The beis din has imposed sanctions on her, including not allowing her to leave the country, no passport or drivers license, among other sanctions. Her appeals were rejected.
Because she continues to refuse the gett, beis din decided to impose further sanctions under the category of contempt of court, or in this case contempt of the beis din by her refusal to comply with their orders. She will now be obligated to pay a fine of 165nis per day until she accepts the gett. She also will have to pay 40,000nis to her husband to compensate for monetary damages she caused him by her refusal over a period of our and a half years.
source: Takdin
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