Guest post by Rabbi Yehoishophot Oliver
Let us discuss the current "agunah" case of Donny Novick and
Sherri Essrog-Novick and the detrimental involvement of the BDA (the Beth Din
of America) and ORA (the Organization for the Resolution of Agunot) in their dispute.
I will argue that Sherri is not in fact an agunah because at no point did Donny
refuse to give her a get. Rather, the wrongdoings of Sherri from both a
halachic and human standpoint have delayed the get. Moreover, the BDA is
culpable for miscarriage of justice and ORA is culpable for defamation. All are
in violation of established Jewish law, and these travesties should move the
Jewish community to ostracize these organizations.
ORA’s False
Accusation of Get Refusal
On their Facebook page here, ORA posted an
image (under the headline "Facts:"!) accusing Donny of refusing to
give his wife a get for three years. On its face, this means that ORA claims to
have solid proof that three years ago, Sherri went to beis din and requested a
get, and that beis din instructed him to give one, yet Donny refused—out of
misogynistic, vengeful, spiteful "recalcitrance".
It further states that the BDA placed on him a seiruv (issuance of
contempt of court) for get refusal.
These are bold-faced lies. Donny did not refuse to give a get for
three years or at all, nor did the BDA place him in seiruv for get refusal.
What are the facts?
Let’s look
at the BDA’s letter supposedly issuing a seiruv for get refusal. A basic
reading of the letter shows that that is simply not what it says. The relevant
text from here:
…Daniel Novick has failed to appear in front of the Beth
Din of America or an alternative beth din for the purpose of giving a Get or
submitting to beth din adjudication of Sherri Novick’s request for a Get.
Daniel Novick is thus deemed a mesarev lavo ledin, one who declines to appear
in front of the Jewish courts according to Jewish law, and Sherri Novick is
free to pursue any remedies permitted by secular law…
This letter is
written in guarded language in comparison with other such letters. It was
plainly issued not for get refusal itself but for failure to appear at a beis
din. It did not recommend public pressure and punitive measures against Donny;
it merely stated that his wife is not obligated to go to beis din and may use
civil courts (we note that this dispensation is absurd, as the BDA was fully
aware that Sherri was using civil courts without rabbinic permission long
before this letter was composed; more on that below).
We wonder
how ORA construed this letter as a green light for a public shaming campaign
against Donny. In addition to the inherent sin of embarrassing a fellow Jew
without sufficient warrant, such coercive actions without solid rabbinic
approval cross the line into the grave issue of forcing a get without
sufficient warrant according to Jewish law, which would invalidate any get
given, rendering the offspring born from Sherri’s future unions illegitimate
(mamzerim), G–d forbid (cf. Rashba 7:414, Radvaz 4:118, Bais Yosef Even Ha’Ezer
154, Chazon Ish Even Ha’Ezer 108:12).
Thus, ORA is
guilty of making a false accusation against Donny.
It is not
enough to state the superficial fact that a get was not given for three years. "Context is
everything". Was Donny refusing to give a get or even refusing to
cooperate with a beis din for three years, or at all? No.
The BDA’s
Negligence
In reality,
Donny's wife brought this case to be tried in two
different batei din of her choosing, each of whose advice or ruling was
not to her liking, until she took the case to secular court (in 2014) without
rabbinic dispensation (a grave sin worthy of excommunication; see Gittin 88b, Shemos
21:1, Rashi and Ramban ibid., Mishneh Torah, Laws of Sanhedrin 26:7, Shulchan
Aruch, Choshen Mishpat 26:1).
This means that in fact, the delay in the delivery of the get
was the fault not of Donny but of Sherri, making her the get refuser and him
the agun, the husband "chained" in a marriage against his will. If
anyone should be the subject of a seiruv, it would be Sherri.
Then while the case was still in civil court, Sherri brought it
back before the beis din—two separate batei din, in fact—yet once she learned
that both those batei din require both spouses to sign a shtar chiyuvim, a
legally binding contract requiring that matters of custody be settled by those respective
batei din, she refused. Why would she do that? After all, she was already
getting full custody using civil court and on her way to winning big bucks on a
final settlement.
Yet Sherri did not have everything she wanted—she still
needed a get. So she needed a beis din that would overlook her sinful use of
civil courts and allow and therefore enable her to keep the custody and
financial settlement cases there, yet push for and preside over the get at the
same time. So she went shopping still further until she found a "beis din" that would ignore her halachic
wrongdoings and thereby essentially aid and abet them—the BDA. Indeed, they
agreed to push for a get without demanding that Sherri first take the custody
dispute out of civil court and have them adjudicate it. Nor did they insist on
even trying to mediate or negotiate the custody issue, as any decent rabbi
involved in a divorce case would have required.
While in email contact with the BDA, Donny told them (and he
has the email trail to prove it, which he is willing to share upon request)
that he had brought his case before other batei din (and he included their
names and phone numbers in those emails), and was then later taken to court by
her without rabbinic permission. He also stated that he was willing to give a
get along with the civil divorce, even if the ruling of the divorce court would
not be in his favor.
The BDA sent email summonses to Donny, and although he apologized
and explained that he could not appear at those dates due to work restraints, they
refused to work with his schedule and issued a seiruv against him for his failure
to appear, along with giving permission to his wife to sue him in civil courts
(knowing full well that she was doing so already regardless, without rabbinic
permission). The seiruv was enough for ORA to go public and launch yet another shameful
social media shaming campaign, this time against Donny.
The blame here lies with ORA:
· * for their zeal in going beyond the words of the BDA’s letter,
which did not call for a public shaming campaign
· * for waging a public shaming campaign against a fellow Jew
without sufficient warrant, committing the sin of shaming a fellow Jew
· * for willfully disregarding the fact (that Donny communicated
to them directly when they contacted him) that Donny had been involved with
several other batei din with which he had fully cooperated, and instead
libeling him as a "get refuser"
· * for creating halachically unwarranted communal pressure that
could potentially result in a coerced and therefore invalid get (cf. Rashba
7:414, Radvaz 4:118, Bais Yosef Even Ha’Ezer 154, Chazon Ish Even Ha’Ezer
108:12)
But blame also lies with the BDA itself:
· * for taking up Sherri's request for a get in the first place,
despite the fact that she was suing in civil court, in which case Jewish law
rules that the Defendant in civil court need not respond to a summons to appear
before the beis din, nor may the beis din impose a seiruv on the Defendant
(Shulchan Aruch, Choshen Mishpat 26:1)
· * for ignoring Donny’s requests to delay the meeting with the
BDA to a later date so it could fit in to his work schedule
· * for publicizing a letter falsely accusing Donny of neglecting
to come before beis din (he was willing to, just not at that date) when in
reality it was Sherri who was guilty of that very wrongdoing by abandoning the
earlier batei din that she herself chose—which had the effect of falsely
implying that he is a get refuser
· * for failing to issue any statement at all holding Sherri accountable
for committing the grave sin of using civil courts (even alongside the seiruv
against Donny, which would at least have demonstrated a modicum of balance) and
calling for her to return the custody and financial disputes to beis din
immediately (especially considering the severity of her case against Donny—see
following section)
· * for issuing even such a limited seiruv knowing full well that
ORA would use it as carte blanche to publicly pillory Donny, even though there
was no halachic basis to do so
Financial Ruin
upon Donny through the Civil Case
Bringing the case to civil court has brought great financial ruin
upon Donny:
·
Donny
has been paying alimony since their separation in 2013.
Sherri's
lawyer managed to require Donny to pay for Sherri's lawyer.
·
This
case has left Donny hundreds of thousands of dollars in debt.
The legal conflict that Sherri initiated is the real reason that
the get has been delayed for so long:
1. The conflict over custody. Even the conflict over
temporary custody has drawn out interminably. Despite the fact that Donny has
no history of poor parenting, Sherri has refused every offer toward a
reasonable temporary custody agreement, resulting in his daughter only spending four Shabbosim with him since
January. (Every month he is
required to send a list of dates that he wants visitation with his daughter for
Sherri to approve, only after they are reviewed and approved by her lawyer.) And
who has been forced to pay for all these unnecessary, petty legal squabbles,
and suffer the painful distance caused between parent and child? Donny.
2. The conflict over the final settlement. Why indeed is the
court requiring Donny to pay so much money, if he is currently a medical
resident earning very little? Because Sherri is now arguing in court (and the
documentation is accessible on the public record) that Donny's wealth must be
evaluated not on its own merits at present, but in context of his family and
their wealth, and in context of his future earnings as a doctor—earnings he
never earned and does not have. If she really would get her way and win a final
settlement for support on that basis, Donny could well be rendered homeless. As
it is, she collects 70% of his earnings. The gross unfairness, injustice, and
greed in this lawsuit is self-evident.
Moreover, Sherri is suing for a settlement that would place Donny
in a lifetime of debt and thus make it impossible for him to ever remarry, rendering
Donny an agun. (And as far as ORA is concerned, their callous lack of concern
for Donny's remarriage prospects due to Sherri's forbidden lawsuit clearly reveals
their feminist, misandrist agenda and the phoniness of their pious concern for the
"chained".)
Thus, Sherri is not only litigating custody in civil court, which
is forbidden in itself (and a form of kidnapping, which is even worse than
stealing property); she is litigating for a monetary award to which she is
completely not entitled under Jewish law, and which thus constitutes extortion
and robbery. This makes the BDA's and ORA's acceptance of Sherri's ongoing
lawsuit against Donny all the more morally wrong and severe.
Conclusion
In summary,
Donny is no monstrous "get refuser" (which is anyway not wrong or
forbidden in itself—see here) and Sherri
is no "agunah". On the contrary, Donny was the one obediently
submitting to Jewish law, willing to accept the rulings of a beis din following
the standard procedure of negotiating his settlement and presiding over the giving
of the get, enabling him to move on with his life. Donny did not refuse to give
a get or demand anything outside the norm and he fully cooperated with four
other batei din of Sherri's choosing. Rather, it was Sherri who rejected their
authority and went on to commit a series of acts that neutral bystanders, as
well as the arbitrators of those batei din, found to be totally beyond the pale.
Although a
detailed account is beyond the scope of this article, Donny is only the latest
in a long line of Jewish men who have been the victims of such treatment. The
public must realize that despite the apparent worthiness of their cause, both
the BDA and ORA are morally corrupt institutions with a long, sordid history of
persecuting and victimizing Jewish men: The BDA, for issuing unwarranted seiruvim;
and ORA, for knowingly libeling Jewish husbands as malicious "get refusers" guilty of "domestic
abuse" while knowingly covering up the crimes and lies of
abusive wives, all in order to promote their misandrist, feminist agenda (and
harming the legitimate cause of true agunim and agunos—those unable to
remarry because of the truly malicious refusal of their spouses to
accept or give a get).
It’s time
for the Jewish community to give an unconditional get to the BDA and
ORA—with recalcitrance.