Monday, January 7, 2019

בית הדין התיר לבעל מסורב גט לשאת אישה שניה

.kikar.

למרות חוק הביגמיה וחרם דרבנו גרשום החליט בית הדין הרבני בתל אביב להתיר לבעל מסורב גט לשאת אישה שניה לאור הנסיבות המיוחדות של המקרה.
המדובר בבני זוג שנישאו לפני כשמונה שנים. כחצי שנה לאחר החתונה עבר הבעל תאונת דרכים קשה בה הוא נפצע אנושות. הוא אושפז, עבר שיקום של שנים רבות וכיום הוא נמצא בשלב שיקומי סופי לקראת חזרה לשגרה.
מספר חודשים לאחר הפציעה טסה האישה עם התינוק שנולד לביקור משפחתי בן עשרה ימים בצרפת. מאז חלפו שבע שנים ועד היום היא לא חזרה לישראל עם בנה.

6 comments :

  1. Bravos! “The court allowed a husband who is refused a divorce to marry a second wife”
    What a heart warning beautiful story. A miracle. A man has a terrible accident, 6 months after his marriage, that almost kills him תאונת דרכים קשה בה הוא נפצע אנושות. He goes through many years of miraculous rehabilitation and now finds a woman that wants him and will stay with him. His first wife left, permanently, to France with their baby shortly after the accident and refuses to cooperate in divorce proceedings. She abandoned him. Her decision. I have no sympathy for a spouse to abandon/desert the marriage, after a terrible accident of the other spouse and then go permanently to another country and then refuse to cooperate in divorce proceedings. She chooses to stay in France with all the anti-Semitism there while he is in Israel. This is her life. Maybe she found someone in France more to her liking. Is she rejecting just him, or is it Israel? “They rejected the desirable land, and put no faith in His promise.” (Psalms 106:24).
    See https://edition.cnn.com/2019/01/02/politics/supreme-court-mueller-related-grand-jury/index.html
    “The Supreme Court could now decide as early as Wednesday afternoon whether an unnamed foreign-owned company will have to pay daily fines for avoiding a grand jury subpoena related to Robert Mueller's special counsel investigation... Chief Justice John Roberts allowed it a temporary pause last month, but the full court is now expected to weigh in on whether the freeze should stay in place. A denial from the court would be an apparent win for Mueller's team.”
    My SCOTUS 18-7169 and NYS motion 2018-1149 of 12/10/2018---if denial, Heaven forbid, would be an apparent win for Susan, her lawyer and Judge Prus.

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  2. For those who might be thinking that that the Rabbinate ignored the Ban of Rabbeinu Gershom, it must be noted that nothing of the sort happened here, and the man's path to remarriage still has a long way to go.

    A crucial point was left out of the excerpt posted here, which is found in the original Hebrew article. That is that the husband still needs to deposit a Get with a Beis Din for his wife, and 100 rabbis need to sign for him to be able to remarry.
    "הואיל ואין אפשרות בשלב זה לסדר גט פיטורין, יש להתיר לבעל את חרם דרבנו גרשום, ויש ליתן היתר נישואין לבעל. זאת לאחר השלשת (-הפקדת) גט והיתר מאה רבנים ולאחר אישור של נשיא בית הדין הרבני הגדול הרב דוד לאו.

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  3. There was a case like that in Queens (NY) a few years ago.
    The husband was hurt at work, is on disability, so the wife left him. While the case was before a mutually agreed bet din, the wife started screaming agunah, the usual crowd got involved, and lo and behold, the wife remarries a cohen (so he can't give her a get if she wants one. Leaving him in the lurch). No, not the Philadelphia Memphis case. Nobody helped him then, just like in silver spring

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  4. Bravo: בית הדין התיר לבעל מסורב גט לשאת אישה שניה
    SCOTUS denied 18A669 (18-30171). The mystery company filed with SCOTUS 18M93, “Jan 07 2019 Motion for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.”
    Looks to me that the mystery company argues that Mueller has no jurisdiction to harass them in endless grand jury document demands. I’m sympathetic to the mystery company. Why? I argue in my letter yesterday:
    4.Rabbi Ralbag knew well that Jewish law is that a man may compel his wife to leave America and live with him in Jerusalem. All of Susan's court actions in NYS were nonsense and a waste of time. Certainly the rabbinic court in Jerusalem had jurisdiction over the 2/17/1993 divorce/get. I quote the Bible: “The first to plead his case seems right Till the other party examines him” (Proverbs 18:17).
    IsraelReader, Eddie, etc does Trump have jurisdiction over building a wall between US and Mexico? Does Judge Rigler have jurisdiction over giving Susan a 2013 civil divorce? Did the rabbinic court in Jerusalem have jurisdiction over the 2/17/1993 divorce/get?
    I heard the whole Trump, Pelosi, and Schumer speeches. Trump says common sense the need for the wall. Pelosi, and Schumer say Trump is overstepping his authority. I say Judge Prus overstepped his authority. I bring halacha arguments before the civil judges. I’m not seeking objects of gold and silver, thank you. Follow, my critics?

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  5. Kalonymus AnonymusJanuary 9, 2019 at 2:55 PM

    I like all your parsha thoughts, just get fatigued reading about Scotus et al.

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  6. Torah thought on parshat בא. In the midrash the plagues never went outside the boundaries of Egypt. The nations about Egypt, all of Egypt and Pharaoh noticed that.
    Trump wants a wall between the US and Mexico. In the midrash Egypt and nations about Egypt suffered disputes on where lies a country’s borders. A wall on the border brings peace.
    Midrash Rabbah Exodus 10:2
    The plagues which God brought upon the Egyptians were the means of establishing peace amongst them. How was this? There was a dispute between the Ethiopians and the Egyptians; the latter said: Our borders extend till here, whilst the former claimed Our borders extend to here. But when the frogs came the dispute was settled, for the plague only visited the Egyptian borders and thus the Ethiopians knew which was not theirs. For it distinctly says ALL THY BORDERS (Exodus 7:27). not those that belong to others.
    Midrash Rabbah Exodus 13:4
    What is the meaning of “For if you refuse to let My people go, tomorrow I will bring locusts on your territory” (Exodus 10:4). That is, not into the border of the sons of Ham; that is why it says: “At night I yearn for You with all my being, I seek You with all the spirit within me [my spirit in the morning אשחרך]. For when Your judgments are wrought on earth, The inhabitants of the world learn righteousness.” (Isaiah 26:9). For on account of the locust plague did they know the extent of Egypt's borders.
    Question: why both frogs and locust to teach the borders? See, with frogs they knew the borders and planted trees on the border as a wall. This is what Trump wants to do between Mexico and the US. Trump wants steel or concrete, much better than wood. The plague of hail destroyed the tree borders. ”Throughout the land of Egypt the hail struck down all that were in the open, both man and beast; the hail also struck down all the grasses of the field and shattered all the trees of the field.” (Exodus 9:25).
    I agree with Trump that it is common sense to build strong walls at the border. It’s Pelosi and Schumer and their supporters that are mad: “He deranges the leaders of the people, And makes them wander in a trackless waste. They grope without light in the darkness; He makes them wander as if drunk.” (Job 12 24-25). G-d made Pharaoh become mad... Don’t Pelosi and Schumer see that the US has a crisis on its borders?

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