I think we covered many of the major points dealing with agunos in a case of ma'us alei where the husband refuses to give a get. The obvious question remains - what are acceptable solutions. As a start - please read this summary by Rabbi Tzi Gartner.
I think the best solution would be to have a group of attractive, unmarried women who convince the future ex that they want to marry him. Therefore he would give his get without coercion, albeit while being deluded.
ReplyDeleteThis is brilliant.
Delete:>) Actually, even one would do!
DeleteBecause of the pesak of the Chasam Sofer quoted by Rav Herzog in your blog that a doubtful right to force the GET is a definite invalid GET, because the husband has no "mitsvah to obey the sages" because they are divided, every doubt is a problem. Therefore, all solutions, which are probably new inventions, are suspect. The proper solution would be to use the enormous funding and energies going into ORA and mamzer making and establish an organization that will investigate the causes of divorce and establish ways of avoiding it. The idea that young girls are taught the mitsvah of forcing husbands with public demonstrations to give a GET is going to do a lot for their marriages, and it will do a lot to make ORA richer and more mamzerim.
ReplyDelete"The proper solution would be to use the enormous funding (...) establish an organization that will investigate the causes of divorce and establish ways of avoiding it."
Delete-- %100. When shall we begin?
Pressure and busha according to all of the Rishonim , and therefore Halacha , is not a forced get.
ReplyDeleteSo, if I understood correctly, all we need to fix the problem is for there to be sufficient integrity, ahavas shalom and respect between communities to uphold the cherem issued by all other B"Ds in get cases, regardless of our own opinions in our ignorance? Seems simple enough. We're in good shape... we only have to stop arrogating to ourselves the ability to question, deride, dismiss, mock, overturn, and ignore the rulings of other Batei Din, of the same generation from Sinai, in the same darkness, fulfilling the same command to judge fairly and with the same Yirat Shamayim, with the same awe and fear and with the same inadaquecy to do such a task? We only need to humble ourselves, to stop believing that we know the affairs of other courts and communities, and that we have more a right than they to decide their affairs? We need only to hold the truth and honour of the Torah and its teachers over our own opinions? We only need to put the unity of Klal Yisroel over our reservations? And... we only need to do so just enough that we uphold a cherem set by another Bet Din... only just enough that we are silent, our dissenting opinion is not brayed to the world, out of love and respect of our brothers and Hashem?
ReplyDeleteThat's it? We're almost there.