Friday, October 28, 2016

Kaminetsky-Greenblatt Heter: What Rav Shmuel Kaminetsky needs to do to rectify this unholy mess

1) Rav Kaminetsky needs to to make a public announcement that the Heter that he and his son engineered is invalid. It is not sufficient that his son write a letter saying he agrees with Rav Dovid Feinstein - even if he posts it on the Internet. Rav Shmuel needs to make it clear that he agrees with the many poskim that it never was valid because the facts used in the Heter are simply not true and even if they were they don't justify a heter according to Rav Moshe Feinsein. He needs to state that this is not a machlokess haposkim but is universally agreed.

It would be helpful if he clearly state that this type of heter is not appropriate unless there is clear, verifiable evidence presented to the truth of the allegations and that the evidence clearly meets Rav Moshe Feinstein's requirements. A full beis din of internationally recognized poskim needs to sign the psak which should be made public. The experts who testify need to be clearly and publicly identified and their evidence needs to be based on direct contact with the parties. The beis din must hear both sides from the husband and wife.

A handwritten letter will suffice - though it would be nice if a video was made public

2) He needs to state unequivocally that he has told Tamar and Adam to separate and that he has told Rav Greenblatt that the evidence he and his son presented him is not valid and that Rav Greenblatt needs to retract his psak

3) He needs to publicly apologize to Aharon Friedman for the grief that he has caused him and that he had no right to try and override the authority of the Baltimore Beis Din.

12 comments:

  1. And Obama should disavow the Iran deal.

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  2. Problem. I am led to strongly suspect that Rabbi Kamenetsky may have been involved in at least one other divorce case with an invalid Get and/or Heter. Classic can of worms here if Rabbi Kamenetsky comes clean in the case at hand.

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  3. And Obama should immediately disavow the Iran deal.

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  4. I would add point 4) He needs to state unequivocally that a civil divorce (with or without the husband’s agreement) is meaningless. Angry wives should not take advantage of the ease of getting a civil divorce over the husband’s objections---just to attack the man.
    I heard Rabbi Lookstein say in a public rally against a recalcitrant husband I was at with my wife Susan in the 1980’s that the wife got a civil divorce, which is some sort of process, and now the recalcitrant husband must give a get. These radical feminists say that Tamar Epstein got a civil divorce and so she’s divorced and not committing adultery. The radical feminists advise their clients to get the civil divorce, as fast as possible, and then start negotiations/demands on the get. Greenblatt-Kamenitsky believe that Tamar’s civil divorce is OK, בדיעבד, after the fact, as last resort. They believe that today, we have to reinterpret “She fails to please him because he finds something obnoxious about her, and he writes her a bill of divorcement, hands it to her, and sends her away from his house” (Deuteronomy 24:1).

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  5. "Greenblatt-Kamenitsky believe that Tamar’s civil divorce is OK, בדיעבד"
    [this answers several questions, but] really, HOW do you Know????

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  6. Are you familiar with that case? Can you share anything about it?

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  7. “Rav Kaminetsky needs to to make a public announcement that the Heter that he and his son engineered is invalid.” Rav Kaminetsky and supporters---please comment on Nedarim 90b:
    Mishnah. At first it was ruled that three women must be divorced and receive their kethubah: she who declares: I am defiled to you [i.e., unfaithful]; or Heaven is between you and me [i.e., her husband is impotent--- a thing that, apart from herself, can be known only to Heaven.]; and may I be removed from Jews [including her own husband. By this vow she showed that cohabitation was unbearable to her, and therefore could demand to be divorced and receive her Kethubah]. But subsequently, to prevent her from conceiving a passion for another [lit., casting her eyes at another man.] to the injury of her husband, [מקלקלת על בעלה. A difficult phrase. According to the rendering adopted, the meaning is: She will purposely make one of these declarations in order to obtain her freedom against his will. Ran explains: She may go to a place where nothing is known of her vow and marry there. He seemed to have taken this phrase as denoting: She will act unseemly (whilst still) with her husband, and as referring only to the declaration May I be removed from Jews.]. The ruling was amended thus: she who declared, I am defiled unto you, must bring proof: Heaven is between me and you, they should engage in prayer [That his impotency might cease (Tosaf.) [lit., They should act by way of a request. Ran: attempts should be made to placate the wife. Rashi: the husband should be asked to agree to a divorce.]. And May I be removed from Jews---He [the husband] must annul his portion [i.e., as far as he personally is concerned.] and she shall minister to him, whilst remaining removed from Jews.
    A simple reading of Nedarim 90b shows how strong the Sages were to prevent a married woman from acting unseemly to her husband and from casting eyes on another man.

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  8. Not yet. What I have now is one step above speculation. I am still collecting data.

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  9. Thank you. Do you have an approximate time-frame? Was this after Rabbi Svei became sick? Do you have reason to believe that the beloved son was also involved?

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  10. “He needs to publicly apologize to Aharon Friedman for the grief that he has caused him and that he had no right to try and override the authority of the Baltimore Beis Din.”
    Yes, I agree that the Kamenitkys need to apologize to Aaron.
    The court gave Goldfein immunity to testify against Mendel Epstein. Goldfein paid Mendel Epstein $60,000 to knock the teeth out etc from Aaron. Mendel Epstein et al, Goldfein and all those involved in public shaming of Aaron also need to apologize to Aaron. Susan wrote a book with Rivka Haut on women supposedly kept as slaves to their husbands
    The Wed-Locked Agunot
    Orthodox Jewish Women Chained to Dead Marriages
    (internet 2012):
    “Supporters of Tamar Epstein, whose ex-husband, Aharon Friedman, refuses to give her a religious divorce, have been pressuring Friedman's boss, U.S. Rep. Dave Camp, R-Michigan, to fire Friedman. They have protested in front of Camp's office, signed a petition at change.org, started a website (freetamar.org) and in February, bombarded Camp's official congressional Facebook page. But Susan Aranoff, director of Agunah International, which supports Jewish women seeking divorces, said social media has little effect because many husbands still are resistant after all the bullets have been fired."

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  11. “3) He needs to publicly apologize to Aharon Friedman for the grief that he has caused him and that he had no right to try and override the authority of the Baltimore Beis Din.”
    Well said. Baba Metzia 31a
    “One of the Rabbis said to Raba: [“You shall not hate your kinsfolk in your heart. Reprove your kinsman [הוכח תוכיח] but incur no guilt because of him” (Leviticus 19:17).] hokeah tokiah [thou shalt surely rebuke] thy neighbour. Perhaps hokeah means once, tokiah twice? He replied, hokeah implies even a hundred times. As for tokiah: I know only that the master [must rebuke] the disciple: whence do we know that the disciple [must rebuke] his master? From the phrase. hokeah tokiah, implying under all circumstances.”
    Raba’s view is that the second tokiah [תוכיח] refers to a disciple rebuking his master. We’re all disciples to Rabbi and son Kamenitsky. Leviticus 19:17 commands us, without hate, to rebuke the Kamenitskys for their support of Mendel Epstein et al who beat Aaron etc.

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  12. Patience. No time-frame. All I have are bits and pieces that are consistent with the modus operandi displayed in the "Tamar is Free" fiasco.

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