Sunday, February 7, 2016

Commentary and update on the 1992 interview with Rav Landesman and Rav Malinowitz

Guest post

I think the interview should have been introduced that it is an old article, of which much may be relevant, but that there are likely updates to this.  Here’s my angle.

I suspect that the growth of the frum population has resulted in a greater incidence of divorce, even if the percentage never changed.  I also believe that marriage requires סייעתא דשמיא.  Having noted this, I also believe that there are more reasons for divorce today, and that there is a rise in the rates in terms of percentage.  I lack the scientific data to support this, and my observation is biased in being one of the turn-to people when a marriage is failing and likely beyond repair.
·    Poor preparation.  The true preparation for marriage begins at birth, and consists of role modeling by parents and extended family.  As community patterns change, this is also affected.  Yeshivos and schools include way too little guidance in character development, and the bits of mussar that are transmitted academically are wholly inadequate to satisfy the fundamental need.  Madrichim for chassanim and kallahs tend to avoid the most important aspects of training for the relationship aspects of marriage.
·       Cultural trends.  There are patterns that have developed that have become “norms”, most of which are of dubious value to the integrity of a marriage and young family.  These include the foolishness of mandating or expecting the kollel lifestyle to be universal.  The multiple angles on this include the dependency patterns (on family, programs, etc.), the conflict ridden expectations of the working wife as the homemaker and young mother.  Locations to live being related to the kollel or the parents often exert unneeded stress on a fragile, developing relationship.  Even expecting to marry because peers are getting married is of very questionable price to the potential of forming a true relationship.
·   Dependency.  Most young marrieds are incapable of being financially independent.  The supporters, usually parents and in-laws, tend to have expectations of the young couple, most of which are not focused on the needs of their children but rather their own desires.
·       Throw away society.  Oft blamed for the deterioration of the marriage, it is unquestionably true, but it is insidious and usually under disguise.  There are many ways to address the earliest challenges in marriage.  Faulty behavior is frequently mislabeled as indicative of a flawed personality.  The latter implies hopelessness.
·       Bad advice.  This is one of the greater causes for marriage failures.  In the frum community, there is a pattern of seeking guidance of rabbonim, roshei yeshivos, roshei kollel, and chosson/kallah teachers for intervention and advice whenthe going gets rough.  These individuals are probably capable of much, but helping the couple in crisis is rarely one of the skills for which they trained.  There is also a belief that the professionally trained person is corrupted with foreign, secular values, and should be avoided.
·       Certain people’s parnosoh depends on it.  There is an entire industry built on divorce.  There are askanim (to be fair, most do their work without monetary compensation), toanim, lawyers, batei din, mediators, and some professionals who profit from the terminating marriages.
·     Personal image.  This always existed.  However, the preoccupation with how one appears to others is undeniably greater than ever before.  This is worthy of exploration and analysis.  Regardless, when a marriage fails, each side tends to seek the attribution of blame to the other side.  Accusations abound, and the breakups in which the extreme demands, even the denying of support or visitation rights are hardly exceptions to the rule.  The bitterness lingers for a long time, affecting everyone.  What was once (or should have been) love turns into hate and revenge.  The greatest motivational factor in this is the desperate need to be seen as the victim who succeeded in escaping the claws of the evil other side.   And all this is to be considered by others as the tzaddik.
·       Children are not nachas machines.  The expectation of parents is that their married children be a service to them.  This is not about the Torah prescribed mitzvah of kibud av v’em.  This is about the parents being on the receiving end of the nachas.  Anything that is perceived to interfere with this is target for intervention.  How many young people marry to provide nachas to their parents?  The nachas is a good thing, but it is the sidebar to a marriage in which the chosson and kallah create a home that is a nachas to HKB”H.  The parents can become a seriously divisive force in their children’s lives.  This may be more prevalent today than in the past.
·      Being right is not always effective.  With exception to halacha, which is not negotiable, there are many instances in which a couple who disagree on a matter that does not lend itself to compromise.  Only one can be right, and the other is wrong.  Must the one who is right insist on being the “winner” of the argument?  While this may sound correct, it is often not effective.  This more than learning to “give in” or be mevater.  It is about focusing on the outcome of staying close instead of constricting barriers, obstacles, and wedges to divide the couple.  The advisor who lacks training often tries to settle an argument by examining who is right.  This becomes more harmful than helpful.
·    Beis din has always been limited in its ability to render a psak but no authority to enforce its conclusions.  Having the court system verify a psak and agreements is almost standard practice.  It is likely that the level of Yir’as Shomayim of previous generations was such that the issuing of a psak halacha meant compliance.  The conflict of carrying this into additional proceedings is probably one of the developments of the recent generation.
·     Divorce is expensive.  But some individuals view it as a money making venture.  Sometimes it is the wives who seek far more in their settlement than they should have.  Sometimes it is the men who are too miserly to support their children adequately.  It is way too common for one party to demand a cash payment to give or receive a get.  This is viewed as extortion by outsiders.  It is a hard sell to convince most people that this is moral, and not simply holding the get as hostage for a demand of ransom.
Media has expanded, but not always in positive directions.  Years ago, one typically sought to keep these issues of personal conflict private.  The common use of technology and communication has made everything, from the most mundane to the most intimate fodder for blasting to the world. Social networking, the ease of having direct communications, the convenience of multiple sources of input, and the tendency for people who are bitter to provide “support” (more accurately “incitement”) are all features of the new world.  Agunos (the real kind and the modern versions who adopted the word) have always existed.  But they were rarely, if ever, the chatter of everyone.  Not any more.  There now many hundreds of opinions from people who have no connection to a case, and from those without a shred of experience to make opinions based on knowledge.  And all these diagnoses and pronouncements are majorly based on a single side of the story.  This is sad, but pervasive.
Our generation has not universally adopted the mussar message of Rav Yisroel Salanter and others, in which academic mussar is only useful in its implementation in the lives of Yidden.  If it looks respectable, it must be really so.  Personal change, character refinement, working on the imperfections of midos, and the like make great discussion topics.  The greatest mashgichim, baalei mussar, darshonim, and others have made careers of such discussion.  If the community listened and put all these words into action, there would hardly be any divorces, and batei din would be unutilized.  Meanwhile, there are few families that have never encountered a failed marriage, a divorce, or the bitter conflict that ensues when a marriage is dissolved.  The incidence may well be on the rise.  But the magnitude of the pain and conflict have accelerated to alarming levels.

47 comments:

  1. Excellent comprehensive up update! HOPE YOU WILL BE WRITING A NEW BOOK ABOUT ALL YOUR POINTS! Finally moving in a constructive direction as top what can be learned from the mass breakdowns in Shalom Bayis that is a now at Mageifa contagion levels.

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  2. Bad advice.

    There is scientific data that fifty percent of couples who seek out marriage counseling do indeed divorce. It's nice that you took a swipe at seeking out advice from trusted mentors; but you fail to mention that many of those trained are certainly not any better, but worse.

    There are some good points mixed into this article. But it is clearly written with a certain slant, which is noticeable throughout the post.

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  3. I'm not a professional or anything close to that but... for all I hear from friends, bad advice and poor preparation (specially for guys) are the big ones.

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  4. Big ones for what?

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  5. Years ago, we used to hear cases of 'machzir gerushato' divorced couples remarrying each other.

    You never hear of such cases anymore.

    2. Another problem is when one side refuses (or goes reluctantly and refuses to listen) to go to marriage counselor.

    3. One thing i like about the israeli pre nup is that it requires (a certain number of sessions of) marriage counseling.

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  6. These are the most common causes to conflicts in my community. Poor preparation leads to serious disappointments and bad advice can cause more destruction than no advice at all. I don't know how man talk to each other about these things, but when women talk about it, these are the points I hear the most.

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  7. I happen to know a case of a divorced couple remarrying. Each one thought that they could do better with someone else, so they got divorced and started dating. After a while, they realized that their original spouse was exactly what they needed! So they remarried. However they don't talk much about it. It's not the kind of thing that they're proud to put on their resume...

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  8. If any such possibility ever existed between Tamar & Aharon it was permanently and irrevocably utterly destroyed al pi din when she committed adultery.

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  9. This is simply untrue, a women is only assur to her baal if she is a maizid (unless the baal is a cohen), al pi din in a case where a woman marries a second person mistakenly al pi horaas chochom (even if the chacham's horaah was 100% wrong) it is entirely possible she is considered an onais and mutar to her first baal, this would be similar to hora'as beis din in Yevamos 87b.

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  10. @roeh, But you agree even if she were a shogeg she would be assur to the second man?

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  11. Not so fast, she is neither an ones nor a shogeg. When the Doc's Docs had been falsley applied, she was part of the conspiracy, and even if she had been mislead that it's still and all Kosher, by now she knows that she must depart Al Pi Halacha and Al Pi Din, but still does not comply, therefore it is not bedoimeh leHoiroas Beis Din. However, such complicated matters should still be left to those in the know Betiv gittin veKiddushin. We must be patient and take it one step at a time. I do wish the best of luck for the parents and especially to the precious umshuldige neshamele, Yerachem haMerachem!

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  12. In this day and age where we don't have a Sanhedrin I would say she has the right to listen to a morah horaah of her choice and thus has to be subjectively maizid, would you say she was a maizid if RMF said she was mutar and everyone else disagreed?

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  13. regarding the second man I simply do not know off the top of my head what the halachos regarding onais are in that case, (it is a limud from the paramour in Sotah), I would have to learn through the sugyos to give you a halfway intelligent answer.

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  14. It's a rema in even haezer seman 17 seif 58 look there at all the nosei kielim not so simple

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  15. serious disappointments

    What does this mean?

    Does serious disappointments mean unmet expectations? If so, whose expectations? Are the unmet expectations the problem, or are certain expectations themselves the problem?

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  16. you are missing an elementary fact. This is not a dispute amongst poskim regarding what Rav Moshe Feinstein said. It is a major corruption that nobody holds his legitimate. Tamar herself knows that what was said about Aharon is a lie and that lie was used to justify the heter. No one has the right to corrupt the process and then say -"that is how I posken"

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  17. it is clear that that Rema - based on a Rashba - does not apply in this case. She was clearly warned before she got married that the heter was unacceptable. she knew that it was based on a lie.

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  18. Look in shulchan aruch

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  19. RDE makes an excellent point. If she knew the information she gave her posek was a lie, and then her posek issued a psak based on the lie she told him, she knows that the psak is invalid even though a valid posek issued the heter, since she knows the basis it was issued on was a lie she made. Thus she would not be a shogeg and is in fact a maizid.

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  20. Did the morah horaah concoct the heter in order to satisfy Tamar's desire for a way to avoid going back to Bais Din? The way Jeremy Stern announced "Tamar is free!" two years ago makes me wonder who came up with the idea for a "heter" and how many rabbis they contacted trying to obtain it.

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  21. My comment was not regarding the TE case, but about how marriages deteriorate today, vs twenty or so years ago.

    2. Discussion here about if they agree to get back together. What about if the new mr AF wants her back, too (children c''v, love, being treated particularly badly, few prospects for a future now, her track record of treating ex husbands particularly poorly, being insulted by tossed out for the ex, etc)? ,

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  22. and especially to the precious umshuldige neshamele, Yerachem haMerachem!

    Are you certain? Is this really true?

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  23. You left out the most important reason, which for some reason needs to be left unsaid - today women receive encouragement, cash, and prizes when divorcing, instead of having to pay the price for their decisions. Follow the incentives, and the rational behavior changes which follow from them.

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  24. R Shalom Kaminetsky's letter to Rav Greenblatt said the heter was Tamar's idea

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  25. What fault do you find for the 8 year old?

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  26. RSKjr made it up that the HETER was her idea. She would never know about savra vekibla al tnay, besides, it is not even bedoime to RMF psak.

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  27. Is anyone familiar with the role the "Shalom Task Force" plays in Shalom Bayis issues?

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  28. Isn't that for abused women?

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  29. That's such an unfortunate comment. You're talking of a woman leaving a marriage as if she were a prostitute leaving a client. Don't judge a situation based on your own frustrations.

    Money and yours so called "prizes" (whatever that means) weren't and won't ever be not the main reason why women leave marriages.

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  30. Yes, it is advertised for that purpose/

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  31. Good question. No idea.

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  32. My view and yours might be quite different on this subject. I'm talking about complaints of personal friends, not the entire jewish people.

    The disappointments I mean (again, I'm talking about personal friends) are emotional ones, that can be found in many stages of married life. You seem to talk about psycho-partners feeding endless and unrealistic expectations against their poor little innocent well meant other half ... I talk about normal, regular people. Maybe our difference in perception starts right there.

    Among many points, I'll only cite the lack of preparation in dealing with the emotional void left during time of separation in religious marriages that could be helped with more dialogue and a few actions that wouldn't break halacha (small gestures or signs that shows to the wife that the husband is still there and still cares) adds a lot to the disappointment pot, although it does not break marriages, it does not aid in their success either.

    Regarding your question of breaking a marriage due to unmet expectations, you seem to be talking about a psycho-partner married to a well-prepared partner, which is not a normal situation... I don't know any couple like that, but if ever meet one, I'll ask them to look for professional help.

    I don't speak Hebrew, have no idea of what you wrote.

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  33. twenty years ago, when they started, they had a session in Flatbush. they had no rabbonim publicly behind them, but claimed rav pam z"l was a supporter. but not in writing, they said. this was at a time when every other page in the jewish press said "endorsed by rav pam". no one believed them.
    since then, they figured out the "government grant" game. but i heard they lost their biggest grant, so . . .

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  34. Do you know their methodologies and how they work on couples and what they tend to advise?

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  35. We do know that their rabbinic adviser for 15 years became an abuser. In fact, he used his position at Shalom to lure women into a sense of security with him.

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  36. I misunderstood you. My apologies.

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  37. Basically, and so do a good number of rabbis, unfortunately.

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  38. Politically IncorrectFebruary 16, 2016 at 4:09 PM

    Slanting towards???

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  39. Politically IncorrectFebruary 16, 2016 at 4:13 PM

    Unfortunately, I am familiar with them. As far as I know, all they participated in was just giving advice without hearing me out. ...

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  40. Politically IncorrectFebruary 16, 2016 at 4:21 PM

    What do you mean by poor preparation especially for guys,.....that if they would get better preparation they'd get better girls?:-!

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  41. Can you elaborate? Are you aware of what advice they gave or how involved they were?

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  42. Politically IncorrectJune 7, 2016 at 5:01 PM

    Pardon my late response. As far as I can recall, they just gave advice.

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  43. Politically IncorrectJune 7, 2016 at 5:06 PM

    Someone here directed us more recently to a statistic that while breakups in male-female non-marital relationships are about equal, after marriage, the women are overwhelmingly the divorce initiators...

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  44. Presumably your ex called them claiming abuse, as that's what they exist for?

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  45. I also would like to see this.

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  46. Politically IncorrectJune 8, 2016 at 10:13 PM

    In a nutshell, the main problem here is hearing one side NOT in the presence of the adversary, and irresponsibly deciding dire consequences that would leave a tremendous impact on the lives of both parties and their children.

    Even more ephemeral is when these organizations guide them and advise them and polarize them against the other, even teaching them how to lie.....very often for the organization's selfish interest. (Ex.: Ohel teaching the woman what to say in order to insure that she will be admitted to their shelter and get government money - no questions asked. ....)

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  47. Politically IncorrectJune 8, 2016 at 10:16 PM

    I think that "Emes" noted that, will try to get him on your case :-)...

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