ב' מרחשון תשנ"ט
I was asked regarding a get which Rav X from Monsey gave to his wife. We want to emphasize that we only heard from one side i.e., that husband. However in matters of issur it is sufficient regarding assertions which are related with some sort of justification to arouse serious concerns that the Get is invalid as a Get Me’usa (forced get) and that it was given in error. Furthermore we have received letters from roshei yeshiva and gedolei Torah from America that verify the husband’s assertions. In their view there is a serious probability that the Get is invalid as we mentioned. Consequently there is no concern for the Cherem of Rabbeinu Tam that prohibits questioning a get given by a recognized beis din – since this isn’t simply a vague questioning of the validity of the Get as we explain. Therefore we call on the gedolei poskim in American not to get involved in this matter that they have heard about and assumed was correctly decided. There is the presumption that the Jewish people will not commit the crime of permitting the wife to remarry without a thorough clarification of what we mentioned and a true determination made of the din. In the matter which is before us, the husband does not want to leave his wife an agunah. He in fact is prepared to give a Get according to the law of the Torah. He simply is requesting his rights according to the Torah. They demanded from the husband that he falsely sign that he has no reservations regarding the Get and he are giving it whole heartedly. In addition they utilized the fact that the secular law always believes the wife - even when she is make false claims. Furthermore they utilized the fact that the secular law would imprison him based entirely on her false testimony or at least make a harsh judgment against him. It was only out of fear of these possibilities that he gave the get or validated it so that he would be free of improper criminal charges.
You should be aware that this sin of permitting a married women to remarry against the halacha is extremely serious and is worse than what was done by the Generation of the Flood as is explained in Kiddushin (13a). And according what we have heard, America is degenerating to a state where anyone who marries a divorcee will need to clarify first which beis din gave her the Get and whether the husband willingly gave it. There is absolutely no concern to the Cherem [of Rabbeinu Tam] of questioning the validity of a Get – since there is clearly a valid basis to be concerned. This is the ruling of the Nodah BeYehuda (E.H. Madura Kamma 88) and other Achronim. The Nodah BeYehuda concludes there that if the beis din uses nidoi to pressure the husband then the beis din itself is in nidoi. Therefore due to the serious nature of this matter we request from the rabbis of America, who are the guardians of Yiddishkeit there, not to allow such a damaging breach. And this request is also directed to the Orthodox battei din that are known as Chareidim and yet they conduct themselves contrary to halacha due to our many sins. And even by silently acquiescing to this violation of halacha they are perpetuating it – chas v’shalom! For now the above words should be sufficient. Therefore I hope that this letter be productive in improving the situation. It will be my reward that I sanctified the Name of Heaven by not allowing revolt against the marriage laws. Gֿ‑d’s holy Torah will be perpetuated as well as His Will.