http://agunahandherget.com/aviva-kaplan-wallach-still-has-not-received-her-get/
She got a heter from International Beis Din and she remarried and yet still wants a get?!
We can not understand why, since her marriage is over, she should not be granted a Get as expeditiously as possible in a Jewish Court of Law, a Beis Din, as this is what is expected by those who adhere to Orthodox Jewish law. If Aviva is not given her Get, she is called, in Orthodox Jewish law, an Agunah (chained), which means she is forever chained until such time Aviva is given a Get.
In addition, by Aviva not being given her Get, she is not allowed to move on with her life and have closure. She can not date, or, if she so desires, remarry. It is cruel, inhumane, and against Orthodox Jewish law to withhold a Get.
Update she is divorced so thereby perhaps you can all see the importance of her receiving the get now
ReplyDeleteI uptick IR and DT and downtick KA and Sara. Yes I have an interest Motion 2023-38 January 9, 2023 at the NYS Court of Appeals and motion 1994-9870 ... at the AD2... Sara is Susan’s Hebrew name. NYS passed no-fault divorce in 2010 see https://en.wikipedia.org/wiki/No-fault_divorce
ReplyDeleteArguments against no-fault divorce
The National Organization for Women opposed the introduction of no-fault divorce in New York State because it would allow a party who actually is at fault to obtain a divorce in which "alimony, maintenance [and] property division" would be determined without the judge considering "the facts, behavior and circumstances that led to the break-up of the marriage".[16]
Who is Aviva divorced from?
ReplyDeleteFrom her first husband, or from the second man that she "married" as an Eisht Ish, after receiving a sham annulment?
https://1.bp.blogspot.com/-gFy3-JDNIGk/YElnO9dEG7I/AAAAAAAOJik/7wK64jWnMcool6Y7V2vm2BYqecy0wv7SgCLcBGAsYHQ/s931/%25D7%25A0%25D7%2591%25D7%259C%25D7%2594%2B%25D7%25A0%25D7%25A2%25D7%25A9%25D7%25AA%25D7%2594%2B%25D7%2591%25D7%2599%25D7%25A9%25D7%25A8%25D7%2590%25D7%259C.jpg
The CRC Beis Din has seen her so-called "annulment" and has declared it to be based on LIES; claims that she made to the new "BD", which contradicted things that she said to the original BD, and other factual errors.
ReplyDeleteALL Poskim would agree that an annulment obtained based on fraudulent claims, is not worth the paper it was written on.
“Aviva Kaplan-Wallach Still Has Not Received Her Get” I read the whole https://agunahandherget.com/ website. I agree with IR 100%.
ReplyDeleteFalse: “What Is A Get Divorce is accomplished by the Bais Din through a document known in Hebrew as a ‘Get’. The official documentation of divorce according to Jewish law is required for either party to remarry.”
No. Rabbi Mendel Epstein arranged a kangaroo Beis Din so many times..
A get is accomplished by the husband see Deuteronomy 24:1-3 “When a man taketh a wife, and marrieth her, then it cometh to pass, if she find no favour in his eyes, because he hath found some unseemly thing in her, that he writeth her a bill of divorcement, and giveth it in her hand, and sendeth her out of his house and she departeth out of his house, and goeth and becometh another man’s wife, and the latter husband hateth her, and writeth her a bill of divorcement, and giveth it in her hand, and sendeth her out of his house; or if the latter husband die, who took her to be his wife; ”
May I ask what is Canadian law on no-fault divorce?
“Aviva Kaplan-Wallach Still Has Not Received Her Get” This looks like a KA or Garnel post. This week’s parsha Mishpatim, I love: Exodus 21:4 “If his master give him a wife, and she bear him sons or daughters; the wife and her children shall be her master’s, and he shall go out by himself.” Allow me.
ReplyDeleteRabbi Schecter on this blog brings the Gamara that the master may use force to enforce “and he shall go out by himself” as a source that any Beis Din today can use force on a “recalcitrant” husband who refuses to free his “agunah” Jewish wife. This leads to Rabbi Mendel Epstein’s prod-father cruelties to the supposed recalcitrant husband.
No. Only where slavery is allowed and practiced and only where the agunah wife is a non-Jewish slave lady owned by the Jewish master etc. Hertz Chumash explains well: to prevent creating a body of half-castes.
Update on me. The NYS Court of Appeals 2/14/2023 ruled "dismissed" they lack jurisdiction per the NYS Constitution. Yes the NYS Constitution limits the jurisdiction of the NYS Court of Appeals. Still pending my motion at Appellate Division 2nd Dept.
When you stop your baseless accusations, maybe I will respond to you.
ReplyDeleteYes I have an agenda. I’m trying to include Talmud and Tanach into NYS divorce proceedings. See Wikipedia on no fault divorce.
ReplyDeleteNew York was the last state to enact a no-fault divorce law; that law was passed in 2010. Before no-fault divorce was available, spouses seeking divorce would often allege false grounds for divorce. Removing the incentive to perjure was one motivation for the no-fault movement.
Prior to the advent of no-fault divorce, a divorce was processed through the adversarial system as a civil action, meaning that a divorce could be obtained only through a showing of fault of one (and only one) of the parties in a marriage. This required that one spouse plead that the other had committed adultery, abandonment, felony, or other similarly culpable acts. However, the other spouse could plead a variety of defenses, like recrimination (essentially an accusation of “so did you”).
An even simpler practice for people living in states where divorce was difficult to obtain was to go “forum shopping.” This meant one of the parties would move to another state where no-fault divorce was available, stay there long enough to become a resident, then file for divorce there. Nevada was extremely popular for this purpose as its residency period was only six weeks. For some couples, if there really was no problem in settling the issues of their marriage, a weekend trip to Mexico was also an option.
Many American lawyers and judges objected to the legal fictions used to satisfy the requirements for divorce, which were effectively rendering oaths meaningless and threatening to wreck the integrity of the American justice system by making perjury into a commonplace occurrence. American judges were deeply troubled by the “cognitive dissonance between the court's duty to uphold the formal law and its intention nevertheless to accede to the demands of the consumers of justice”.
Until August 2010, New York still lacked a unilateral no-fault divorce statute; under New York divorce law, only if both parties executed and acknowledged a separation agreement and lived separately for one year could a judge convert it into a divorce.
In the States of Wisconsin, Oregon, Washington, Nevada, Nebraska, Montana, Missouri, Minnesota, Michigan, Kentucky, Kansas, Illinois,[33] Iowa, Indiana, Hawaii, Florida, Colorado and California, a person seeking a divorce is not permitted to allege a fault-based ground (e.g. adultery, abandonment or cruelty).
“Tuesday, March 16, 2021 Aviva Kaplan-Wallach Still Has Not Received Her Get” wow 12,000+ pageviews! Sara writes: “Update she is divorced so thereby perhaps you can all see the importance of her receiving the get now”
ReplyDeleteOn Etrack looks like Aviva Kaplan Wallach was plaintiff in a matrimonial contested divorce 52727/2016. Judge Esther M. Morgenstern ruled 10/25/2021:
WebCivil Supreme - Motion Detail Court: Kings Supreme Court Index Number: 52727/2016 Case Name: WALLACH, AVIVA KAPLAN vs. WALLACH, GAVRIEL N. Case Type: Mat-Contested Track: Standard Motion Information: Motion Number Date Filed Filed By Relief Sought Submit Date Answer Demanded Status Decision Order Signed Date 3 08/03/2021 Consolidate 10/25/2021 No Decided: 10/25/2021 Denied Before Justice: Morgenstern, Hon. Esther M. Oral
My thought. Did Aviva Kaplan Wallach get her NYS civil divorce using NYS’s no-fault divorce? Then I can understand that she still needs Gavriel N. Wallach to grant her a get. I give an uptick to Sara. Yes, after a NYS civil divorce, critical for husband to give a get if he hasn't already. This is NYS’s divorce law, to remove a barrier for remarriage. Terrible husbands agree to a no-fault NYS civil divorce and then refuse to give his ex-wife a get. Am I mistaken here? Is Gavriel N. Wallach trying to reconcile with Aviva Kaplan Wallach? I wish everybody health abd happiness. Does Gavriel N. Wallach recognize the NYS civil divorce Sara is talking about?
You are mistaken.
ReplyDeleteGavriel is under no Halachic/legal obligation to give Aviva a Get, if has a reason not to do so.
Unfortunately, Aviva Wallach obviously saw no Halachic barrier for remarriage. She relied on a sham annulment, and went ahead and remarried, without receiving a Get from her husband, Gavriel.
Gavriel can therefore never reconcile with his wife Aviva, and resume living with her, since she lived in an adulterous relationship with her "new" husband. The Halacha is clear, that in such a case, she remains Halachically prohibited to BOTH men, and תצא מזה ומזה.
When Susan says update she is divorced she is not referring to any NYS court. I searched
ReplyDeletewww.nycourts.gov/reporter/Decisions.shtml no mention of Aviva Kaplan Wallach overturning Judge Ester Morgenstern ruling denied 10/25/2021.
Did Aviva Kaplan Wallach go to Israel, Nevada, Mexico or whatever and get a divorce from her lawful husband Gavriel without Gavriel’s participation? No.
Susan on her website urges the angry wife to file for separation, fast, anywhere and everywhere. Why? Rules of war, to vanquish the other side. I say smile and be happy. What good/happiness comes to the angry wife to vanquish her husband?
Why am I still fighting in NYS court, AD2 ? To free my pension. I was getting $750 throughout 1993 with Yemima as survivor beneficiary. Today I get only 45% and Susan gets 55% with no end in sight. AD2 will free my pension. I have no quick easy answer for the angry wife trying to vanquish her husband. I’m a Cohen. Twice this morning, Rosh Chodesh, I blessed for Peace.
I don't know what Aviva relied on to remarry according to secular law, but according to my sources, some two years ago she was definitely [sinfully] remarried and was living with a different man.
ReplyDeleteMy theory, knowing nothing of the facts of the case and nothing of the parties other than Susan. Judge Esther Morgenstern sees no good reason to grant a NYS divorce to Aviva Kaplan Wallach. It would give standing to Aviva Kaplan Wallach in NYS courts on matters of custody, equitable distribution etc.
ReplyDeleteSusan needed the bogus 9/10/2013 NYS civil divorce me and Susan. Otherwise, Susan would have no standing in NYS courts to enforce bogus claims against me.
The April 1996 AD2 starts off: “In July 1991, the wife commenced this separation action after the husband had left the United States to settle permanently in the State of Israel. In the separation action, the wife seeks, inter alia, support for the minor children. During the pendency of the separation action in New York, on February 17, 1993, a Rabbinical Court in the State of Israel issued a divorce decree.”
“Aviva Kaplan-Wallach Still Has Not Received Her Get” Looks to me Aviva Kaplan Wallach claims she’s an agunah and Susan is a shill for her.
ReplyDeleteI see what IsraelReader posts here on Torah laws against Aviva Kaplan Wallach.
I see how Judge Esther Morgenstern rules against Aviva Kaplan Wallach on NYS divorce laws. We all have an obligation to make peace among ourselves. In the Kabbalah we go through reincarnations to correct for Torah violations of murder, adultery, stealing.
Worse aspect of Mendel Epstein prod father was $100,000 or so upfront payment from woman screaming agunah. This leads to violence against Orthodox Jews—hate crimes in Brooklyn.
“It is cruel, inhumane, and against Orthodox Jewish law to withhold a Get” Torah Purim thought. Deuteronomy 25:19 Therefore it shall be, when the Lord thy God hath given thee rest from all thine enemies round about, in the land which the Lord thy God giveth thee for an inheritance to possess it, that thou shalt blot out the remembrance of Amalek from under heaven; thou shalt not forget.
ReplyDeleteHertz Chumash p. 995: “The moral difficulty is connection with this command is very real. It seems to be in violent contrast to the Divine law which forbids vengeance, private vengeance.”
Esther 1:20: “Then will the judgment executed by Your Majesty resound throughout your realm, vast though it is; and all the wives will treat their husbands with respect, high and low alike.”
My theory. God commanded we never forget and never forgive Amalek. God offered the Torah to whole world; all peoples rejected. Whole world heard 10 Commandments; thou shalt not murder, steal etc.
God wanted whole world to hear that God will never forget and never forgive Amalek,. Everyone heard the 10 Commandments on Mount Sinai etc and yet Amalek attempted murder to God’s people! Such a God command will make all peoples of the world to give honor and respect to the Jewish people both when Jews are successful and when failing.
Divorced legally from the first, the second died
ReplyDeleteWho are you to say and judge, perhaps they are being fraudulent as the letters they posted in monsey which was a shame and therefore gavriel has a peak not to enter the bate dinik there or set good near his daughter, sin in law etc
ReplyDeleteThe CRC Beis Din is a reputable BD and was mutually accepted by both sides.
ReplyDeleteThe couple signed a binding arbitration agreement, accepting the CRC BD upon themselves, so obviously the couple accepted them as a reputable BD, not a fraudulent one.
Being that her lover "married" an Eisht Ish, after she allegedly received a sham annulment, I hope that he repented before he died.
ReplyDeleteAccording to Aviva's narrative, she was freed from the shackles of her marriage by the magic annulment by the IBD and was free to remarry, without anyone needing a Get.
Is she still insisting that she wants a Get from her husband? Why?
She received her get Shiva asar btamuz so please remove the post tysm
ReplyDelete