Tuesday, July 10, 2012

Igros Moshe:Wife refuses Get /Husband remarry without heter 100 Rabbis?

Igros Moshe (E.H. 2:2): Question: (E.H. 2:2): Question: In the case of a moredes (rebellious wife) who obtained a civil divorce as well as many thousands of dollars in the settlement from the secular court and refused to accept a Get in order to torment her husband. Is it possible to permit the husband to remarry without first obtaining permission from 100 Rabbis? Answer: Concerning the case of a moredes who obtained a civil divorce and also $30,000 cash as well as the house and furnishings which she sold for $20,000. The secular court judge blocked her access to $20,000 of the $30,000 that the husband is required to pay and made the access conditional on her accepting the get that is required by the halacha and which she has already agreed to do and which was arranged in Seattle. The letter writer was made the agent to divorce her. However when he returned to Portland and notified the woman that he had the Get in his hand, she reneged on the deal and said that she did not want to free her husband under any circumstances and that she will never accept the Get because she wants to torment him. There is no question even if we don’t believe that she caused the fights between but he was the one who started them and that led to her trying with a lawyer in civil court to obtain a secular law. But since she agreed to take accept the Get and then reneged in order to torment him – she is considered a moredes since she has no interest in living with him as his wife and she also doesn’t want to divorce him. This is explicitly stated in Shulchan Aruch (E.H 77:20), If she rebels against him in order to torment him and she declares that she is tormenting him because of the wrongs he did to her or because he cursed her or because he fought with her - then she has the full status of a moredes. The Rema concludes that after 12 months if he wants to divorce her she must accept the Get even against her will or else he is given permission to marry another women. So surely in this case where she started the fight and then went to civil court to get a secular divorce. Regarding the question of whether he needs a heter of 100 Rabbis. From the language of the Rema is would seem that he permitted the husband of a moredes to remarry even if there is no heter of 100 Rabbis because it is not mentioned either in the Rema or the commentaries. The Maharshdam (E.H. 120) states that Rabbeinu Gershom never applied the cherem to a case of moredes. It would seem that his view is that the husband should not be allowed to remarry unless a number of years have passed so it is clear that she is a moredes. I saw in the Otzer Poskim (E.H. 1:73.24) where Rabbi Akiva Eiger is cited and other Achronim that permit remarriage in such a case even with a heter of 100 Rabbis. Nonetheless, l’chatchila it is best to obtain a heter of 100 Rabbis and that is the accepted practice. However if it is impossible to obtain one – as you write – then he can remarry without the heter of 100 Rabbis since it has now been 5 years that she left her husband and extracted $50, 000 from him in civil court and agreed to accept the Get and it was written according to her wishes and then she reneged in order to torment him. Such a case is rarer than the circumstances cited by the Maharshdam and others. The husband should deposit the Get and have it guarded until she comes and receives it from the agent.

3 comments :

  1. So, according to Rav Moshe zt'l, based upon all the Rishonim and Achronim, he can remarry even without a Heter Meah Rabbonim.

    So it seems obvious that a Heter Meah Rabbonim can be issued to any husband who wants the Heter for any reaons. He just needs to deposit the Get with Beis Din to get the Heter.

    The question is, based upon the Cherem, when can a husband ever NOT divorce his wife? All he needs is a HMR.

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  2. Hmm was the Cherem ever in effect in Australia? Not sure Rabenu Gershom knew of it.

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  3. YOU HEAR THIS ORA!!! REB MOSHE PASKENED HE CAN MARRY AFTER DEPOSITING A GET! ARE YOU ALSO GOING TO HAVE A PROTEST IN FRONT OF REB MOSHES GRAVE AS YOU DID WITH OTHER RABBONIM? DO YOU REALLY BELIEVE THAT NONE OF THE WOMEN THAT ORA REPORTEDLY HELPED WERE MOREDET?

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