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Jul 26, 2021
Interesting Psak: Divorce Fraud for Money
Kikar is reporting on an interesting psak issued by Rav Yitzchak Zilbershtein, rav of Ramat Elchanan neighborhood of Bnei Braq.
The question was asked if, in light of the recent decree of Finance Minister Avigdor Lieberman to disqualify avreichim from the day care subsidies, avreichim should all register in beis din for divorce proceedings in order to qualify for the subsidy, and other monies as well, as single mothers. They stress that they would not get divorced but would open a file with beis din and argue, fictitiously, in court for years if need be - they can stretch it out as long as the government lasts, but never actually get divorced. Halachically they would still be married, but legally they would be considered separated and the mother would qualify for this subsidy and others as a single parent, similar to the 35% of the secular community taking advantage of this and qualifying for these subsidies as single mothers....
Rav Zilbershtein responded with a psak that in no way should this be done, and the question itself is very much in poor taste, not even taking into account the obvious reasons such as:
1. taking money in a deceitful manner
2. playing games with the foundation of the holiness of our homes
3. "opening the mouth of Satan" - giving him good ideas, to cause more divorces, I guess. maybe some sort of ayin hara
the real reason not to even think of doing such a thing is, Rav Zilbershtein says, is a matter of approach - people are looking at this situation the wrong way.
Rav Zilbershtein relates a story of post-Holocaust at a gathering of rabbonim to discuss rebuilding the yeshivas for re-establishing the Torah among the people of Israel. The Ponovezher Rav said that we are not here to figure out how to guarantee the existence of the Torah./ That will happen with or without us, as there is a promise from Hashem.. we are gathered here to figure out how we be a part of that.
Rav Zilbershtein said, similarly, there is a decree now by this evil government, and the decrees coming from them for now are just financial. until now they had the merit of somewhat supporting our Torah learning, and that protected them as well. the avreichim will continue to get money - so it wont come from the government, it will come form somewhere else instead, maybe even from a more kosher source. the anger and screaming about the government stopping to support us is out of place and is a chilul hashem - we dont need them to support us! We will be supported, it is just a matter of from where.
Rav Zilbershtein added that it is also a lack of gratitude. Everyone knows the financial means of the avreichim is not in any way natural. It is clearly from hashem. By playing as if we are poor in order to get money they do not want to give us, is lack of gratitude to Hashem. We need to show ourselves as rich.
Interesting. the reason I would have given is that filing a divorce claim and arguing in court for extended periods of time is playing with fire. it might start as a joke, but someone is sure to at some point insult the other, say the wrong thing, take something more seriously than it was meant, say something more seriously than originally intended, and it could lead to actually straining a relationship.
Additionally, if to qualify they must be separated, someone is sure to catch wind of what is goign on and then they are going to send inspectors out to catch all the avreichim involved in divorce fraud.. and that will lead to a massive chilul hashem.
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The very fact that the question was asked betrays a real sickness of society and mind.
ReplyDeleteBut the answer, amazingly, manages to be even more disgusting. He speaks of the money as if they're entitled to it, and betrays a total lack of even hakarat hatov- "they" get "merits" for giving it, although he can't imagine why. Sick sick sick. A community that can produce a question like that deserves leaders with perverted worldviews like that.
Nowhere does the Rav even hint at a lack of hakarat hatov to those who supported avreichim in the past. To suggest otherwise is to twist his words beyond what was actually said.
DeleteHe questioned why the govt was the conduit for the money people received in the past (which the Rav would surely say was predetermined to be received on RH), but that in no way implies a lack of gratitude.
And the Rav himself found the question to be extremely inappropriate.
Note, halacha requires a bet din to try Shalom Bayit before a get.
ReplyDeleteUnfortunately, this is ignored by all batei din today, though a few will try, to differing degrees, if one side insists on it, while they discourage the side insisting to drop the insistence.
Having read the article you linked to in Kikar https://www.kikar.co.il/397474.html, I don't see where Rav Zilbershtein said anything about "taking money in a deceitful manner" (let alone outright theft) being an issue for him in this case.
ReplyDeleteWas " taking money in a deceitful manner" your own take or did Rav Zilbershtein say that?
in the article I linked to he is quoted as saying
Deleteולא רק בגלל שמדובר כאן בלקיחת ממון בשקר
a lie
Thanks. Hadn't noticed that.
DeleteInteresting, though, that the hashkofic issues are even worse (eg. It's not just that it's taking money through deceit).
ולא רק בגלל שמדובר כאן בלקיחת ממון בשקר, ומשחק עם יסוד קדושת הבית, ויש בזה גם משום "אל תפתח פה לשטן", אלא בגלל שיש כאן הסתכלות לא נכונה על כל הענין.