AZ has requested that I publish his guest post asking why I don't follow the lead of the gedlim who signed the Kol Koreh advocating serious social and financial pressure to force Avraham Meir to give Gital a get.Guest Post from AZ:
Kol Koreh Hebrew
Kol Koreh English translation
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Daas Torah,
It is possible that I am wrong and it is possible that you are wrong.
We are all human, and we must have the humility to recognize that no matter how much evidence we have and how smart we are the very nature of being human means that we are fallible. After all there are plenty of smart people – and even Talmidei Chachomim – on both sides of the aisle. By definition, in this case and in millions of other disagreements very bright people are wrong all the time.
Therefore, I call on you to be pragmatic. If you are wrong in your halachic positions on divorce, then you are guilty (by promoting these wrong views) of causing enormous suffering to hundreds of women whose husbands are not giving them a Get.
The path is open to you to follow R’ Shmuel Kamentzky and others whose opinions whether in this case or in many other cases are much more favorable to the woman and would make it easier to obtain a Get.
The spiritual danger of your opinion is clear. By going “all in” – by adopting opinions which make it more difficult for a woman to receive a Get - you risk destroying your humanity, decency, and compassion in the event that you are wrong about the Halacha, and you are acting with great cruelty by causing hundreds of women to be stuck without a Get.
The Neturei Karta also think they are right – and we recognize that the Neturai Karta are wrong – and look how they destroyed themselves spiritually by hugging Arafat and the President of Iran. Look how religious Muslim fanatics have destroyed themselves spiritually (by murdering men women, and children) – and they are convinced they are doing a good deed – instead they could have adopted the path of a peaceful brand of Islam.
As you have repeatedly said when responding to me and others, that we are only saying these opinions because we don’t know the halacha and we are influenced by Western values. In other words, you agree that if not for your sources, the natural ethics and morals would lead us to believe that the husband should just give the Get (as the rest of the world believes).
My advice is, don’t adopt opinions which do terrible harm to people when there is another halachic path available (R’ Shmuel Kamentetzky and others) whose ways are peaceful. Remember, I want a win-win situation where both sides can be happy – and I believe the Weiss’s have received a very fair custody deal from the courts (2 nights a week plus every other weekend), and the couple has no money or house to fight over. If Weiss gives the Get today, I think that he received a good deal – a fair deal. Weiss's situation would be no different than the hundreds of other frum husbands who give a Get each year.
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Daas Torah replies: Update November 18, 2013
AZ as you have said you are just a simple and sincere Jew - but you have inserted
yourself in a major halachic dispute as if you knew what you were
talking about. Please tell me what the above rabbis hold concerning get
me'usa in a case of ma'os alei? It is nice you claim they disagree with me -
please tell me what exactly do they say?
One of the reasons I
didn't immediately answer your challenge in your post is your mistaken assertion
that that are two distinct camps - those who have halachic reasoning for
peace and make it easy for woman and those whose halachic reasoning
leads them to cause problems. People like Rav Shmuel Kaminetsky have not
written teshuvos on the subject - so it is difficult to know what
exactly they believe. He has never justified his actions in these case by
halachic reasoning. By and large these rabbonim who signed the kol koreh
did not do it for halachic reasons but for political reasons. My brother
called up a number of them. One declared that even though he signed it
didn't mean that he was saying that kefiya is permissible?! If you
can wrap your head around that one then you can understand that your
premise is not correct. The declaration of the kol koreh are halachic
nonsense. Speak to a neutral posek and ask him for a source for nidoi for the
supporters of someone who doesn't want to go to a particular beis din or
to destroy a supporter's yeshiva and his parnossa or to go to a trashy newspaper and
speak lashon harah about your husband and Judaism - THERE IS NONE!
As regards to your question why not go to the posek who brings peace, we see that for you it is not whether the
halacha is poskened accurately and correctly - but the consequences. This is known as
posek shopping. Your pragmatic approach to halacha is to first find out what the different views are and then to
pick the posek if he agrees with what makes you happy?!
This is
amazing "scholarship" - you don't really care whether what I am asserting is
the normative view of most poskim through ages and it is recognized as the most
accurate fit with the texts - i.e., mostly like to be true according to G-d's Will. You totally skip that and you say since
there is a rabbi who says something that I want to hear I will chose his views. Of course on another issue if he doesn't say what I want to hear I will shop around to find another posek! Thus you care nothing about Torah and rabbinic authority - i.e., doing what G-d wants from you - but rather making your life as easy as possible
Why don't you ask those poskim such as Rabbi Kaminetsky and Rabbi Schachter if that is what you should be doing? Or do you first need to ascertain whether they agree with you before you consider their views authoritative.
AZ - I don't deny your sincerity in wanting peace and tranquility. But there is another issues which this current firestorm has made obvious. Halacha and Torah values are not viewed as valid - unless they are according to the current secular values in our society. Secular society now values individual happiness over family and community responsibility - therefore there has to be Get on demand. Even in secular society such a value is only about 20 years old. Before that it was impossible to get a divorce unless you could demonstrate a serious problem with your spouse such as adultery.
Please read the 19th letter of Rav S. R. Hirsch (especially the 18th) where he laments the fact that people require Torah to be consistent with secular values and not the reverse. People have been screaming - it is a chilul hashem not to give a get on demand. Chilul hashem is not determined by whether Torah is subordinated to secular Western values. The same cry is made in regards to homosexuality or same-sex marriages. Are you also advocating finding rabbis who support such views? Bris Mila and schecitah is also claimed to be a chilul hashem by the "enlightened" Western nations. Should we do away with that also? Are you also advocating geirus on demand to any non-Jew who want to have a Jewish identity? Are you advocating accepting mixed marriages to avoid "chilul hashem"? AZ the bottom line as Rav Moshe Feinstein writes in the Igros Moshe - we have to try as hard as we can to find what the Torah wants through studying the sacred texts and the Mesorah. One does not reject a Torah view simply because my non-Orthodox neighbor or co worker might not like it.