Guest post by Rick Under
Jewish law and tradition, leaving a marriage is a grave matter, and
should not be done absent serious cause. Yet, some in the Orthodox
community seem to have adopted the worst aspects of the 1960s
counterculture's attitude towards family and marriage.
If a marriage is irretrievably broken, the parties should work out all issues in good faith, including a get, with the involvement of a beis din if the parties cannot work out a mutually acceptable agreement. It is one thing to dispute under which circumstances a get is appropriate, and, if so, what measures are appropriate to coerce a spouse into giving or receiving a get. It is quite another to assert, as does ORA, that a get is appropriate and that k’fia [coercion], whether with or without [shotim] force, is appropriate in all cases in which one spouse wants out of a marriage. ORA’s position completely contradicts accepted Jewish law and practice over many centuries. [Although in fairness to Rabbi Stern, it should be noted that he has previously claimed that the one exception from his rule that a get must always be given upon demand is if a wife steals one million dollars (as opposed to one child) and runs off Daas Torah 2012/05/ora-1-million-dollars-vs-1-child
But the problem goes far deeper than that. ORA and its supporters are not just trying to overturn centuries of Jewish Law and practice over what is appropriate once a marriage is irretrievably broken, but also under what circumstances it is proper for someone to leave a marriage in the first place. ORA’s position is not just that a woman should receive a get whenever she demands it, but that it is perfectly legitimate and appropriate for a woman to leave a marriage, regardless of whether there are children, for any reason at all.
“Man,” Rabbi Stern said, as though addressing such a fellow [who doesn’t give a get on demand]. “She’s just not that into you.”
The Daily Beast 2013/11/04/for-orthodox-women-getting-the-get-can-take-years
Or as Gitel Dodelson wrote in the New York Post, “I said: ‘You’re not a bad man. We’re just not right for each other.’ …. ‘This isn’t working, I’m moving back to my parents.’ I packed up [the couple’s child] right then and there, and drove off.”
The message of ORA to married women is if you decide at any point that “you are just not that into him” just leave and take the children to wherever you please. Is that also the position of Rabbi Hershel Schachter and ORA’s other rabbinical supporters? And for that matter, is that also the position of the roshei yeshiva who have joined side-by-side with ORA in support of Dodelson?
If a marriage is irretrievably broken, the parties should work out all issues in good faith, including a get, with the involvement of a beis din if the parties cannot work out a mutually acceptable agreement. It is one thing to dispute under which circumstances a get is appropriate, and, if so, what measures are appropriate to coerce a spouse into giving or receiving a get. It is quite another to assert, as does ORA, that a get is appropriate and that k’fia [coercion], whether with or without [shotim] force, is appropriate in all cases in which one spouse wants out of a marriage. ORA’s position completely contradicts accepted Jewish law and practice over many centuries. [Although in fairness to Rabbi Stern, it should be noted that he has previously claimed that the one exception from his rule that a get must always be given upon demand is if a wife steals one million dollars (as opposed to one child) and runs off Daas Torah 2012/05/ora-1-million-dollars-vs-1-child
But the problem goes far deeper than that. ORA and its supporters are not just trying to overturn centuries of Jewish Law and practice over what is appropriate once a marriage is irretrievably broken, but also under what circumstances it is proper for someone to leave a marriage in the first place. ORA’s position is not just that a woman should receive a get whenever she demands it, but that it is perfectly legitimate and appropriate for a woman to leave a marriage, regardless of whether there are children, for any reason at all.
“Man,” Rabbi Stern said, as though addressing such a fellow [who doesn’t give a get on demand]. “She’s just not that into you.”
The Daily Beast 2013/11/04/for-orthodox-women-getting-the-get-can-take-years
Or as Gitel Dodelson wrote in the New York Post, “I said: ‘You’re not a bad man. We’re just not right for each other.’ …. ‘This isn’t working, I’m moving back to my parents.’ I packed up [the couple’s child] right then and there, and drove off.”
The message of ORA to married women is if you decide at any point that “you are just not that into him” just leave and take the children to wherever you please. Is that also the position of Rabbi Hershel Schachter and ORA’s other rabbinical supporters? And for that matter, is that also the position of the roshei yeshiva who have joined side-by-side with ORA in support of Dodelson?