Monday, May 14, 2012

ORA: "Passive Pressure" of Rabbeinu Tam?! - Uncle's home

10 comments :

  1. You can not at all blame the people protesting . They did have big Roshei Yeshivos behind them. You can question their daas Torah or if they got the Halacha right, but the protesters think they are following their Rov. I see here a much larger problem where everyone seems to have his own daas Torah, and it becomes hefker as what the Torah really wants. Only the Rabonnim can fix it. The question is ,will they?

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  2. This is NOT a protest in front of Aharon's house.

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  3. You are correct it is in front of his uncle's house - that makes it more kosher? There is another video of the protests in fronto of Aharon's house - same thing.

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    1. With all due respect: Where is a source that protesting an uncle's house (or a parents) makes the get unkopsher?

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  4. Just posted the video of demonstration in front of Aharon's home

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  5. Actually the Beys Yossef quotes Rashbats who writes that using leverage of family (like not allowing father to leave town and he writes even more) is not coercion.

    בית יוסף אבן העזר סימן קלד

    כתב הר"ש בר צמח בתשובה (תשבץ ח"א סימן א דף א סוע"ג) נראה ברור שמה שעיכבו האב מלצאת מהעיר אינה כפייה לגבי הבן חדא שאפילו היו חובטין לאב עד שיגרש בנו לא מיקרי עישוי שאפילו היה בנו שרחמי האב על הבן (סוטה מט. ועיין סנהדרין ריש עב:) לא מיקרי עישוי

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    1. Finally someone with a digital version of the B"Y that is willing to enter it in. Now we are getting somewhere.

      See I would argue that all of the things that the B"Y lists there that he says are not force or coercion, the later poskim ought to hold the same way, unless they expressly say otherwise and justify their banning of such measures with solid sources.

      So since it is the uncle(or father or mother) it doesn't matter so much if it is passive or not, the B"Y said it is not kefia and it does not make it a forced Get.

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  6. Yes its passive pressure their was no physical force , threat of physical force or physical confinement of aharon the sick Rasha husband. Anything less then these three things cannot cause a get meusa its not direct force on him. According to R'Tam its allowed for mais alei and for sure on an abusive sick husband like aharon.
    About your concern for the feelings of his family and uncle I have heard really disturbing things about them and especially the uncle rav . His brother told the wifes family that if she moves back to silver spring and gives him joint custody he will " Think" about giving her a get. This Achzorius is sickening and I keep thinking about a story of R A Eiger who told a Rasha husband that the Mishna Says two ways a wife goes free, do right one so that min hashmaim they don't do the other way!

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    1. It is very easy to accuse someone of abuse. What proof do you have?

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    2. People like avf can spue all the nasty words they want but he still has no source in halacha to justify his position.

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