http://www.getyourget.com/s/Hafkaat-Kiddushin-Rabbi-Shlomo-Riskin.pdf
It is my opinion that in difficult times like today, when many women are forced to live as agunot chained to their husbands, and recalcitrant husbands are taking advantage of their pious wives as well as of their halakhic advantage to at best hold up their wives for ransom and at worst prevent them from marrying, there are certainly grounds to make use of the option of hafka’at kiddushin even without a get, but with an explicit enactment; this would release those women from their chains and from an almost certain life of sin. This is especially so when the problem of agunot causes such great human suffering and degradation of Halakhah. But this can only be done by a large gathering of the Rabbis of Israel who must decide on the matter, so that many authorities share the burden of the decision, and Hafka’at Kiddushin: Towards Solving the Agunah Problem in Our Time Shlomo Riskin 24 Proceedings of the JOFA – NYU Tikvah Agunah Summit the Torah not become like two Torahs. Much thought is needed in order to carefully define the circumstances in which hafka’ah would be implemented, as well as to formulate the stipulation that would have to be added at the time of betrothal. My suggestion would be that the Chief Rabbinate in Jerusalem adopt an enactment stipulating that if a religious court orders a husband to divorce his wife, and he refuses to do so even after sanctions have been imposed upon him, then a special court should be established with the authority to cancel his marriage and free his wife to remarry.
Does he have any halakhic basis for this other that "That would be a great idea and would solve the problem?"
ReplyDeleteRabbi Riskin is a nice guy but from what I've read, he's not exactly on the level of a posek.
I looked briefly through the paper, he brings a number of sources.
ReplyDeleteBut he says his proposal would need to be accepted by majority of posqim in order for it to be valid.
I enlist the help of all yirei Shomayim to make a database of women with no get/an invalid get/a questionable get and children born on the basis of such a get, so that anyone who is looking for a shidduch can check before marrying.
ReplyDeleteAnother suggestion might be to have a database of kosher gittin....
Torah thought daf hayomi Megilah 16a
ReplyDelete““What honor or advancement been conferred on Mordecai for this? The king inquired. Nothing at all has been done for him, replied the king’s servants who were in attendance on him.” {Esther 6:3). Raba said: [They answered him thus] not because they loved Mordecai but because they hated Haman.”
אסתר פרק ו פסוק ג
וַיֹּאמֶר הַמֶּלֶךְ מַה נַּעֲשָׂה יְקָר וּגְדוּלָּה לְמָרְדֳּכַי עַל זֶה וַיֹּאמְרוּ נַעֲרֵי הַמֶּלֶךְ מְשָׁרְתָיו לֹא נַעֲשָׂה עִמּוֹ דָּבָר:
My theory. The king asked: was anything was done in public to show a good side to Mordecai? The king knew that plenty of people were bad-mouthing and belittling Mordecai, Haman’s enemy. The king knew Mordecai very well. Mordecai came to the king’s party. Mordecai sits in the king’s gate. Mordecai had a military mission along with Haman to India or someplace. Raba claims in the Gamara, no change in the king’s servants their dislike and bad opinion of Mordecai. The king’s servants believed and accepted as true Haman's bath-mouthing of Mordecai. What’s new now in Esther 6:3 is that the kings's servants hated Haman. Thank you God in heaven.
“R Riskin's proposal to solve Aguna problem” Yes. Bravo. We also need a proposal to solve fake/phony NYS divorce problem. I made today a motion to the NYS Court of Appeals:
ReplyDelete"4.I'm hereby making application to Chief Judge Janet DiFiore. I request her to immediately request Judge Prus to forward to her a copy of the fake/phony 1995 Rigler order of separation . I have nothing further to add on this matter besides SCOTUS \#'s 21--6561, 20--8096, 20--7892, 20--6525, 18--9390, and 18--7160 and NYS CoA Motion numbers 2021--981, 2021--850, 2021--359, 2021--54, 2020--352, 2019--266, and 2018--840.
5.Chief Judge Janet DiFiore has authority to request documents from a lower court in NYS. She can request the entire court records of Aranoff v Aranoff in NYS.
6.The March 7, 1995 Rigler/Rothbart Separation Order cannot be explained in any way other than deliberate fraud by Judge Rigler, Larry Rothbart, Judge Ambrosio and Judge Prus. Larry Rothbart was the clerk for Judge Gerald Garson at the time Judge Garson threw Ian Anderson out of his court for no good reason. Larry Rothbart did the figuring of child support and backdated to when I was still in NY. Larry Rothbart added a 9\% interest to the phony balance. Larry Rothbart and Judge Rigler froze my TIAA pension 100\% early 1994 till late 1997 for no good reason. Judge Rigler signed a QDRO in 1997 to award Susan 100\% but TIAA blocked that. Judge Rigler ordered TIAA to pay Susan \$23,000+ January 1998 for no good reason. Judge Ambrosio did a new QDRO in 2007 for no good reason. Judge Prus ruled to give Susan 55\% of my TIAA pension for no good reason.
7.Alleged Prus 2013 Judgment of Divorce states
ORDERED, ADJUDGED AND DECREED that the PLAINTIFF SUSAN ARANOFF has been granted a divorce and the marriage between SUSAN ARANOFF, plaintiff and GERALD ARANOFF, defendant is hereby dissolved by reason of: the parties having lived separate and apart pursuant to a degree or judgment of separation dated March 7, 1995, for a period of one or more years after the granting of such decree or judgment, pursuant to D.R.L.\ \S170(5)."
Torah thought this week’s parsha וארא “I will bring you into the land which I swore (lit. raised my hand) to give to Abraham, Isaac, and Jacob; and I will give it to you for a possession מורשה, I the Lord. But when Moses told this to the Israelites, they would not listen to Moses, their spirits crushed by cruel bondage מקצר רוח ועבודה קשה . The Lord spoke to Moses, saying: Go and tell Pharaoh king of Egypt to let the Israelites depart from his land. But Moses appealed to the Lord, saying, The Israelites would not listen to me how then should Pharaoh heed me, a man of impeded speech ואני ערל שפתים ?” (Exodus 8-12).
ReplyDeleteשמות פרשת וארא פרק ו פסוק יב
וַיְדַבֵּר מֹשֶׁה לִפְנֵי יְקֹוָק לֵאמֹר הֵן בְּנֵי יִשְׂרָאֵל לֹא שָׁמְעוּ אֵלַי וְאֵיךְ יִשְׁמָעֵנִי פַרְעֹה וַאֲנִי עֲרַל שְׂפָתָיִם:
רש"י שמות פרשת וארא פרק ו פסוק יב
ואיך ישמעני פרעה זה אחד מעשרה קל וחומר שבתורה:
Puzzling. The Jews don’t listen to Moses who is preaching them about their coming freedom. All the more Pharaoh won’t listen to Moses about Pharaoh losing his Jewish slaves.
My theory. Moses keeps talking about God. The Jews and Pharaoh were convinced that God will not intervene to force Pharaoh to free the Jews.
SCOTUS 21-932 “Even the Post understood the concerning ramifications of this latest revelation. The article specifically recognized that Chairman Thompson’s admission that the Committee is engaged in a criminal inquiry is legally problematic. Indeed, it acknowledged that “the committee’s focus on criminal referrals could also boost the claims of those resisting subpoenas that lawmakers’ inquiry doesn’t have a legislative purpose, but rather, is meant to uncover crimes. Given Chairman Thompson’s comment, as well as those of Committee members Adam Schiff, Adam Kinzinger, and others, there is no subtlety left; the Committee is engaging in an inappropriate inquiry. Consequently, its requests violate the Presidential Records Act, separation of powers, and executive privilege. A vague recitation of some amorphous legislative goal is insufficient to meet statutory or constitutional muster, especially since Committee members have been speaking so freely about their true goals of exposure for its own sake and criminal prosecution. To ensure that this abuse of legislative power is not left unchecked to fester and grow, the Court should grant President Trump’s petition”
Trump is convinced SCOTUS will not intervene in a matter to uncover crimes. Police, FBI, DOJ and such are charged with uncovering crimes---not SCOTUS. The Jews in Egypt and Pharaoh, similarly, felt that God does not intervene to uncover crimes. My clerk at SCOTUS told me that SCOTUS does not get into judicial behavior issues. It’s a crime I’m not getting my full pension since early 1994. No, I don’t want to turn to police, FBI, DOJ and such. Amazing FBI took on Mendel Epstein et al case.
Torah thought this week’s parsha בא “Then the Lord said to Moses: Go בא to Pharaoh. For I have hardened his heart, and hearts of his couriers, in order that I may display these My signs among them, and that you may recount in the hearing of your sons and of your son’s son how I made a mockery of the Egyptians and how I displayed My signs among them---in order that you may know that I am the Lord.” (Exodus 10:1-2)
ReplyDeleteשמות פרשת בא פרק י פסוק א - ב
וַיֹּאמֶר יְקֹוָק אֶל מֹשֶׁה בֹּא אֶל פַּרְעֹה כִּי אֲנִי הִכְבַּדְתִּי אֶת לִבּוֹ וְאֶת לֵב עֲבָדָיו לְמַעַן שִׁתִי אֹתֹתַי אֵלֶּה בְּקִרְבּוֹ:
וּלְמַעַן תְּסַפֵּר בְּאָזְנֵי בִנְךָ וּבֶן בִּנְךָ אֵת אֲשֶׁר הִתְעַלַּלְתִּי בְּמִצְרַיִם וְאֶת אֹתֹתַי אֲשֶׁר שַׂמְתִּי בָם וִידַעְתֶּם כִּי אֲנִי יְקֹוָק:
רש"י שמות פרשת בא פרק י פסוק א
ויאמר ה' אל משה בא אל פרעה והתרה בו:
רש"י שמות פרשת בא פרק י פסוק ב
ולמען תספר - בתורה להודיע לדורות:
My theory. For writing in the Torah for us today. Pharaoh and his couriers were masters of terror. After the plague of blood, terror ended. The Jews lived comfortably in Egypt with house, fields, cattle and wealth. Pharaoh and his couriers were unhappy. They knew that the Jews going to the desert was to accept the Torah. They knew that belief in their idols will collapse. There would be One God in the world with the Jews a kingdom of priests etc.
Allow me to show here my brief to SCOTUS yesterday:
“9.The March 7, 1995 Rigler/Rothbart Separation Order cannot be explained in any way other than deliberate fraud by Judge Rigler, Larry Rothbart, Judge Ambrosio and Judge Prus. Larry Rothbart was the clerk for Judge Gerald Garson at the time Judge Garson threw Ian Anderson out of his court for no good reason. Larry Rothbart did the figuring of child support and backdated to when I was still in NY. Larry Rothbart added a 9% interest to the phony balance. Larry Rothbart and Judge Rigler froze my TIAA pension 100% early 1994 till late 1997 for no good reason. Judge Rigler signed a QDRO in 1997 to award Susan 100% but TIAA blocked that. Judge Rigler ordered TIAA to pay Susan $23,000+ January 1998 for no good reason. Judge Ambrosio did a new QDRO in 2007 for no good reason. Judge Prus ruled to give Susan 55% of my TIAA pension for no good reason.
Reasons for Granting the Petition for a writ of certiorari
The Court granting me my Petition for a writ of certiorari will end the total mess in NYS courts in dealing with contested divorce. Right to divorce is cited in the NYS Constitution. Women have the upper hand because of the agunah problem. Proceedings in contested divorce cases are a farce. The FBI stopped Mendel Epstein et al. I refuse to turn to the police, FBI, the DOJ and such. I rely on persistent applications to the NYS Court of Appeals and to the Supreme Court of US for relief. I have standing since TIAA is paying 55% of pension from early 1994 to Susan with no end in sight.
Conclusion The Petition for a writ of certiorari should be granted.”