“unlike Tzohar [and the RCA/BDA prenup], these sanctions do not begin at the time that one of the couple announces s/he wishes to end the union, but only after the beis din rules the husband must give a get to his wife.”
This is a major difference. If beis din rules a Get must be given, then there is a halachic obligation it be given and beis din may, at that point, authorize sanctions on the husband if he is still recalcitrant.
It should be noted, though, that even beis din is very limited in which circumstances and situations it is permitted to order a husband to give a Get. Under halacha a husband has no obligation to give a Get, if his wife asks him for one, and beis din is not permitted to order him to give her one. The situations where halacha makes an exception and requires he give her a Get, and permits beis din to so order, are very limited to situations where, for example, he has physical deformities or if he was proven to have been violent. In the absence of such rare proven scenarios, beis din is unable to order a divorce be given as there is no obligation for him to give one.
How recent are the signatories?
ReplyDeleteR. Nachum Eisenstein looking to put down the RCA isn't exactly news.
ReplyDeleteThis isn't an issue of putting down but rather of one of issuing a halachic responsa.
ReplyDeleteInteresting article:
ReplyDeletehttp://www.theyeshivaworld.com/news/headlines-breaking-stories/336787/rabbi-dov-lior-approves-a-pre-nuptial-agreement.html
“unlike Tzohar [and the RCA/BDA prenup], these sanctions do not begin at the time that one of the couple announces s/he wishes to end the union, but only after the beis din rules the husband must give a get to his wife.”
This is a major difference. If beis din rules a Get must be given, then there is a halachic obligation it be given and beis din may, at that point, authorize sanctions on the husband if he is still recalcitrant.
It should be noted, though, that even beis din is very limited in which circumstances and situations it is permitted to order a husband to give a Get. Under halacha a husband has no obligation to give a Get, if his wife asks him for one, and beis din is not permitted to order him to give her one. The situations where halacha makes an exception and requires he give her a Get, and permits beis din to so order, are very limited to situations where, for example, he has physical deformities or if he was proven to have been violent. In the absence of such rare proven scenarios, beis din is unable to order a divorce be given as there is no obligation for him to give one.