[originally posted 9/24/12]
The following is a translation of Rav Gestetner's bitul seruv concerning Aharon Friedman. It was shown to Rav Gestetner who approved the translation and its public distribution. Original Hebrew is here
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Why was this letter not shown to Horav Hagoan Rav shternbuch Shlit'a?
ReplyDeleteI did send him a copy of the original Hebrew
DeleteRDE: What is Rav Moshe Shternbuch's feelings about this case -- or at least about this type of issue of spouse leaving home without halachic cause, etc.?
DeleteThe Bitul Seruv letter explains very clearly the ideology and methodology of the evil YU based ORA movement and Herschel Schachter and their henchmen - a brutal feminist war against the Torah, against Jewish families, and against Jewish men:
ReplyDelete"we find that this struggle is not over “equal” rights for women as for men, but to increase the power of women over men. Is the one-sided nature of this war (feminism) not open and glaring? The woman is always right, regardless of whether she wants to continue the marriage or divorce. The husband must bend to her will. If he refuses, than woe to him and woe to his soul. He is labeled as purely wicked and a “
me’agen.” This is something that even a person with integrity of any of the world’s peoples would understand is wrong and recoil from."
Disease of feminism??? Yikes!
ReplyDeleteDoes anyone think this letter will make a difference? Does anyone believe that YU, ORA et al are interested in the facts? Does anyone think ORA despite it protestations to the contrary are interested in what the Shulchan Oruch says?
ReplyDeleteNo they will continue their abusive behavior against Aharon and against the only Rav in the US who is willing to take a stand against these biryonim and violators of halocho and say unequivocally that these feminist women must be stopped?
if they believe that well i have a bridge to sell, called the Brooklyn Bridge.
To James, et al I spoke with rav gestetner, yes rav. he said several rishonim learn that if there is just a raglayim l'dovor that she can't claim mous olai it is good enough without requiring full blown aidus in this case. And her writings are better than any other possible raglayim l'dovor.
ReplyDeleteas far as all those others who imposed the seruv without speaking to aharon first and being mazmin him to bais din when they were not even aloowed to, hypochricy and double standards are par for the course.
And that, Stan, is the problem. Rav Gestetner ignores the halacha in the Shulchan Aruch (the Code of Jewish Law that every other Beis Din uses) in favor of "several rishonim", none of which he quotes. Nor does he explain why he paskens against the shulchan aruch? Is there a long list of achronim who hold that we dont hold like this siman? The answer is No. This is exactly why his BD is not accepted by any other.
DeleteFurther, anyone with a basic degree in psychology (which the rav does not have) can tell you that one diary entry is not evidence of anything. There are abused women who claim their husbands love them. It is meaningless, certainly not raglayim l'davar.
Once again, Belsky DID speak to aharon numerous times.
Lastly, this case does not involve the BDA. Belsky and Kamenetzky are not feminists.
Rabosai, don't be bamboozled into believing that ORA is only involved in high profile divorce disputes where a bogus seruv can be used to justify terrorism against an innocent husband.
ReplyDeleteI recently learned from a reliable source about an "Orthodox" lady in the NYC area, who's allegedly being assisted by ORA behind the scenes. This case involves some real dirty m'sirah the wife's been committing against her husband for some time now. But there's no seruv, fake or otherwise against the husband, who has in fact complied with a Bais Din, so ORA has no phony excuse to publicly terrorize the husband. It appears that the wife's m'sirah is so dirty that ORA has been forced to carefully keep the case out of the public eye.
I know this topic was discussed to death earlier, but I don't know if a maskanah was ever reached. I am uncomfortable with what Rav Gestetner writes that "The poskim agree that even when a woman has a valid claim of ma'os alai, the husband has no obligation to divorce her and certainly may not be coerced to divorce. He may indefinitely decline to give her a get.
ReplyDeleteIs that true? If a woman is unhappy with her husband, is that just tough luck for her? I find that difficult to swallow...
So do I.
Deletefurthermore, I find the logic that "she keeps her husband chained" difficult to understand in a context, where the HUSBAND is the one who refuses to give a get.
Furthermore, I do not think it is very usefull for the situation to say that, as a Rabbi or even as a Beith Din, he thinks that the husband is FORBIDDEN to give a get!
Furthermore, I cannot quite understand from which halacha he takes that the child should spend half of her time with the father and half with the mother. I do not have the impression that this is the classical way of handling things according to halacha.
Brad the questions you raise are valid ones but they have all been answered in great detail in previous posts along with the translations of the relevant teshuvos of major poskim. Please read the material in the archives.
DeleteWhat is needed now is to stop the blame game. Both sides should sit with someone neutral and come to a conclusion what is the best for the child and both should go their ways. I am not saying who is at fault as I've read a lot from each side but each person should ask himself ,do I want to live like this . Maybe now that's it's almost yom kipper, I will try to bring this to a conclusion. The Rabonnim should speak among themselves and come up with a solution .
ReplyDeleteThe letter says the rabbis who signed the seruv (along with anyone pressuring Aharon to give a get) are going to gehenna without return. Is this even a concept in Judaism?
ReplyDeleteYes, if you embarrass someone in public - no better example then what was done to Mr. Friedman. They are considered as dead and have no share in the world to come
Deleteif a couple is divorced by a civil court, but the ex-husband refuses a get, does this imply he will inherit all his wife's belongings? can a wife disinherit a husband al pi halacha?
ReplyDeleteWhat if the wife disinherits him civilly? Can he still claim her heritage in front of a rabbinical court? Will they oblige the heirs to give the heritage to him?
exact issue discussed in shu't RAEiger mahadura tinyana 100 (or was it 101; the other is the one about heter moredet).
ReplyDeleteEssentially, it says don't give get before civil is final.
Halachic husband inherits, according to halacha.
the worst part about the Tamar epstein and Aron Friedman story is a little secret I will share today rabbi Shmuel kaminetzky who is indebted to Tamar's father dr epstein for all that he does for the Philadelphia yeshiva annulled the marriage at the request of Tamar's father. I have in fact a recorded telephone conversation in which shalom kaminetzky shmuels son in which he is asked "on what basis in halachah did his father have the right to simply annule the marriage" you should here shalom stammer and stutter this is in fact not the first time that rabbi Shmuel kaminetzky has decided to annule a marriage. In 1997 after avromy Rubin was beaten rabbi kaminetzky annulled his marriage to Chaya mund after he was severely beaten with his face displed on the front of the daily news rabbi Shmuel kaminetzky the "frequent flyer gadol" who sits at the head of the Agudas yisrael dayis is a frightening testimony to the depths the yeshiva world has sunken
ReplyDeleteRav elya svei tried for years successfully to keep ran Shmuel kaminetzky in his proper place not making any important klal decisions. When he was niftAr there was no one to reign him in and and the frum community Is so impoverished that a smiling frequent flyer not highly cerelible ran kaminetzky has the ability to annule marriages against all halacha Aron fried man never gave a get to this day and I challenge anime on this blog to offer proof otherwise ran Shmuel annulled the marriage as he did with Rubin in '97 only provinghow right rab elya svei was what a sad testimony to the from yeshivos world that this nice zeidy is now a "gadol"
ReplyDelete