Given the continued silence regarding the justification for saying that Tamar Epstein has been "freed" from marriage without receiving a get - I thought it would be helpful to view a possible source for claiming that her marriage has been annulled. The following is an excerpt of Rabbi Bleich's analysis of Rabbi Rackman's solution to the aguna problem by annulment [Tradition Fall 1998 pp 105-106]
[Rabbi Rackman writes:]
... a beit din may recognize other intolerable defects in the husband as grounds for a declaration of kiddushei ta'ut. These defects - which are in total discord with any reasonable concept of marriage - include physical and psychological abuse, adultery (which more than ever endangers the life of the spouse), sexual molestation, abandonment, criminal activity, substance abuse, and sadism (the withholding of a get may be viewed as indicating a sadistic nature) ....
Not only do the authors assert that a defect arising after solemnization of the marriage constitutes grounds for annulment but that any defect that may serve as grounds to compel the husband sever the marital relationship by means of a get, mutatis mutandis, constitutes grounds for annulment…. "
Invoking this position in annulling the marriage of a husband who withholds a get is inapt for two reasons: (1) In order to serve as grounds for annulment the defect must have existed prior to the marriage. (2) The defect must be one that, had it developed subsequent to marriage, would warrant coercion in order to compel granting of the get. The authors provide a long list of "defects" in the husband which they allege constitute grounds for a declaration of kiddushei ta'ut, some of which may indeed be grounds for coercion of a get, some of which are the subject of considerable dispute with regard to whether or not they constitute grounds for compelling a get, and some of which do not constitute grounds for coercion of a get by any stretch of the imagination.
The most egregious example of the latter is “withholding a get.”Withholding a get is categorized by the authors “as indicating a sadistic nature." It is superfluous to debate whether the withholding of a get is ipso facto evidence of sadism or even whether sadism constitutes grounds for annulment. Suffice it to say that the authors' sweeping assertion is contradicted by a two thousand-year corpus of Jewish divorce law. The authors categorically declare that: (I) every woman is entitled to demand a get upon breakdown of the marriage; (2) failure of the husband to comply is indicative of sadism; and (3) sadism is grounds for compelling a divorce. Accordingly, they assert that, since any defect constituting grounds for compelling a get is ipso facto also grounds for an annulment, there is really no reason to go to the trouble of executing a get, much less of forcing the husband to do so! Hence, it follows that, if a woman desires a divorce and the husband does not acquiesce, a get is never necessary. Talmudic discussions regarding specific and particular grounds for compelling a get are irrelevant; the codification of such provisions are superfluous; and perusal of the learned responsa honing the application of such criteria is a waste of time! It must be emphasized that, in the very limited instances in which the principle tav le-meitav tan du is set aside, the wife must present credible evidence that(I) the defect existed at the time of the marriage and (2) she was unaware of the defect at the time of the marriage. ....
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it is interesting to read Rabbi Rackman's early thinking on the subject regarding the devaluation of the sanctity of marriage if annulment is readily available - see especially page 221. Use "search inside the book" with the terms "Feinstein"
http://www.amazon.com/One-Mans-Judaism-Renewing-Sanctifying/dp/965229263X#reader_965229263X
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it is interesting to read Rabbi Rackman's early thinking on the subject regarding the devaluation of the sanctity of marriage if annulment is readily available - see especially page 221. Use "search inside the book" with the terms "Feinstein"
http://www.amazon.com/One-Mans-Judaism-Renewing-Sanctifying/dp/965229263X#reader_965229263X
update December 30, 2013 - Ploni added important clarifications that I put in the comments section