https://jewishweek.timesofisrael.com/leading-rabbi-deals-big-blow-to-agunah-court/
“From start to finish, this is a mistake,” Rabbi Schachter wrote in a
three-paragraph letter, posted on an anonymously sponsored Torah
website. The letter, written in Hebrew, says that only “great scholars
of the generation” should be dealing with these sensitive matters. Rabbi
Gedalia Dov Schwartz, head of the Beit Din of America, (the largest
rabbinical court), and three other prominent rabbis also signed the
letter.
“Big Blow To Agunah Court” I read the article. My thoughts. Agunah International: “Our Mission: To free women trapped in dead marriages by recalcitrant husbands who refuse to grant a Get. To promote a systemic halachic solution to free agunot. Rabbinical courts must be encouraged to assert their halachic authority to dissolve dead marriages by applying the halachic concepts of kiddushei ta’u, hafka’at kiddushin, and umdenah To alert the Jewish community as to the severity and magnitude of the agunah problem. To educate the Jewish community about Halachic precedents and remedies for freeing agunot. To counsel women whose husbands use the Get as a weapon to extort financial gain or custodial rights, or to exact revenge during the divorce process.”
ReplyDeleteMy theory. These trapped women are trying to get financial gain. My sources?
“If a man entices a virgin וכי יפתה איש בתולה that is not betrothed אשר לא ארשה, and lies with her ושכב עמה, he must make her his wife by payment of a bride-price מהר ימהרנה לו לאשה. If her father utterly refuse אם מאן ימאן אביה to give her unto him לתתה לו, he must still weigh out silver in accordance with the bride-price for virgins כסף ישקל כמהר הבנות.” (Exodus 22:15-16).
“If a man comes upon a virgin who is not engaged כי ימצא איש נערה בתולה אשר לא ארשה and he seizes her and lies with her ותפשה ושכב עמה, and they are discovered ונמצאו, the man who lay with her shall pay the girl’s father fifty shekels of silver, and she shall be his wife. Because he has violated her תחת אשר ענה; he can never have the right to divorce her לא יוכל שלחה כל ימיו.” (Deuteronomy 22:28-29)
Kethuboth 40a
“Mishnah. If an orphan was betrothed and then divorced, any man who violates her, said R. Eleazar, is liable [to pay the statutory fine] [v. Deut. XXII, 29] but the man who seduces her is exempt [Her acquiescence in the offence is regarded as an intimation that she has renounced her claim to the fine, and since, owing to the death of Bet father, the fine belongs to her, she is fully entitled to remit it.].
”My theory. Her acquiescence in the offense (marriage of מקח טעות) she has no claims for a fine to take money from him.
Amazing. Beautiful. In Deuteronomy 22:28-29 the man must pay the 50 shekels and marry her. In Exodus 22:15-16 he induces her to be a consenting party, still, the Torah says, he must pay a dowry if they decide to marry. He must pay money both in Deuteronomy 22:28-29 and in Exodus 22:15-16.
My theory. The Torah recognizes that the man must pay money to the woman when he laid her and then a marital dispute arose. I agree with Agunah International to advise women in a divorce process how to get the best financial gain possible.. If the man must pay a lot of money in a divorce, he probably will try reconciliation. If Agunah International wants more divorces they should drop advising women how to get money in a divorce. Follow KA?
B'H I am still naiive in divorces, never experienced , hope i never do.
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