Thursday, May 3, 2012

Chazon Ish: Father-in-law forcing Get E.H. 69:23


Briefly this is a case where the husband is an epileptic and this fact was concealed before the marriage. The father-in-law took money from the husband and refuses to give it back until he gives a get. Chazon Ish notes that this constitutes forcing by a layman i.e., the father-in-law. To eliminate that problem he says a beis din should be convened and they should rule that the father-in-law should keep the money until the get is given. It is important to note that  marriage through deception is much more severe than a case of ma'us alei and the poskim are much more lenient regarding forcing a get.

7 comments :

  1. Translation or at least a simmary, please.

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  2. I know of a story where a person could not have children and his Rav told him to hide it. My Rav called him up and told he can't do that. What happened at the end I don't know, but what is the din, if someone knew or had suspicions that he or she couldn't have children. Is it a מקח טעות?

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  3. What we see from this Chazon Ish is that WITHOUT the beis din FIRST authorizing the father-in-law to hold unto the money, it would be a Get Me'usa. Hence, the CI said the beis din should first authorize him holding it.

    Of course the other vital point, as RDE summarized, is that this is permitted by marriage established under false pretenses, but not by a claim of maus alei.

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  4. Sam, reb moshe holds you have30 days to leave the marriage when you find a serious situation like this or if the spouse is gay I believe in order to use mekach to'us and no get is necessary. if not you are accepting the matzav and need a get. But please confirm daas torah as i learned these t'shuvas years ago and am relying on memory.

    according to the BDA you do whatever the hell you like.

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  5. "according to the BDA you do whatever the hell you like."

    According to maaaneh le'igros R Moshe lets you do whatever the hell you like

    Has S.T.A.N. seen R Gil Students links yet?

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  6. Thanks Stan.in my case, the boy could not be a man, and I still had to pay thousands of dollars to get a get.
    My Rov still instisted we have a get. Maybe because she was in the marriage more then a few months. BH she has a complete kosher get, now we are looking for a simple normal boy, but even that it's very hard to find. What I still can't get over is that this person is considered somebody very chashuv, who gives advice, schmoozes
    But had no problem of fooling me.

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  7. sam being choshuv by whom? by somneone like daas torah who considers belsky and bechoffer choshuv?

    why did you not go gedalia swartz. he holds in general you don't need a get.

    continue with the pravda censorship - except if you are an eidensohn or leftist. good job.

    ReplyDelete

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