Guest Post: Rabbi Jeremy Stern acknowledges that if a wife steals a million dollars from the husband and runs away, "she acted completely inappropriately." He also acknowledges that in such a case the husband is not required give a get absent the husband having a "fair day in court." [starting at 58:47]
Apparently,for Rabbi Stern (and presumably Ora's rabbinical advisers such as Rabbi Schachter) one million dollars are far more important than a mere child. Tamar Epstein abducted the child she had with Aharon Friedman, but instead of labeling Epstein's abduction of the child as completely inappropriate, Rabbi Stern calls Epstein's actions kedas ukedin. And while Rabbi Stern acknowledges that a wife's stealing a million dollars from a husband is (absent the "husband's having a fair day in court") grounds for not giving a get, Rabbi Stern maintains that Epstein's abduction of the child is not grounds for withholding a get.
And if the husband were to agree to postpone adjudication in civil court to bring the matter to BD, but then the wife were to violate the BD's orders so that the case is heard by the civil court at a much later date, and the court were to rule (at the wife's request) that the wife can keep the money or the child because the husband had waived his right to recover the money or the child as a result of delaying the court trial in order to have the matter decided in Beis Din, the husband would hardly have had a "fair day in court."
And if the husband were to agree to postpone adjudication in civil court to bring the matter to BD, but then the wife were to violate the BD's orders so that the case is heard by the civil court at a much later date, and the court were to rule (at the wife's request) that the wife can keep the money or the child because the husband had waived his right to recover the money or the child as a result of delaying the court trial in order to have the matter decided in Beis Din, the husband would hardly have had a "fair day in court."




