Showing posts sorted by date for query feinstein seruv. Sort by relevance Show all posts
Showing posts sorted by date for query feinstein seruv. Sort by relevance Show all posts

Monday, April 23, 2012

Friedman-Epstein: What halachic justification?!

Despite all the fanfare and international publicity about the "aguna" Tamar Friedman, the halacha basis  for the conduct of her rabbinic supporters as well as the aguna defense organization Ora's tactics against Aharon Friedman is  embarrassingly anemic and simply unsupported by any elementary reading of the sources. Briefly the case involved Tamar's decision that she didn't want to remain married to Aharon. She has never made any claims of abuse or misbehavior just she thought she might find someone better. She left their home taking their daughter without his consent. There was the Baltimore beis din which they both agreed to abide by its decision. Its work was not brought to a psak. Secular court was involved and a secular divorce. There was some involvement of the Washington beis din - but that was incomplete and it never heard both sides. Finally there was a hazmana from the beis din of the Union of Orthodox Rabbis which Aaron did not respond to. That beis din issued a seruv signed by Rav Kaminetsky, Rav Belsky, Rabbi Ralbag and also Rav Schachter. The seruv states that whatever can be done to bring about a get should be done. ORA - with Rav Schachter's support and encouragement has gotten involved and has had public demonstrations and repeated distribution of posters demanding a get which targeted Aharon and his family. They also had a strong publicity blitz in all the major secular newspapers as well as a conference at Stern College and a major campaign directed at Aharon's boss Congressman Camp - all with the stated goal of forcing Aharon to give Tamar a get. So far there has not been a beis din that heard both sides and issued a psak that Aharon must give a get.

My concern has been to try and find a halachic basis for use of public humilation in a very weak case of ma'os alei - where Tamar has apparently never said anything stronger against her husband than that she realized that she didn't want to spend the rest of her life married to him. When I spoke with the head of ORA I asked him about this and he said that Tamar had a right to privacy and didn't have to explain why she wanted to leave. Aharon has apparently never said he wanted to end the marriage. Thus the case consists of Tamar's assertion of ma'os alei because she doesn't want to remain married. She is also a moredes who left their home. She turned to the secular courts - a huge problem - and as a result a custody arrangement was set up and a civil divorce was obtained.

A basic summary of the halacha is found here:
Be'er HaGolah (Shulchan Aruch E.H. 77:6): In the case where the wife claims ma’os alei and therefore refused to have sexual relations with her husband] The view of the Shulchan Aruch [which modified the language of the Rambam that "the husband can be forced to give a get" to "if the husband wants to divorce her"] is that of the Ramban and Rashba that one cannot force the husband to give a get [in the case of ma’us alei]. The husband can only be forced to give a get in those cases where Chazal said force can be used. [Which is either from a prohibited relations such as a cohen to a divorcee or a major defect such as severe disease or disgusting skin condition]This is stated in the Magid Mishna (Hilchos Ishus 14:8]. The Tur says the same thing in the name of Rabbeinu Tam and his father the Rosh. The source of this view is Kesubos (63b), What is the case of moredes (a rebellious wife) ? Amemar said it is a woman who says she wants to stay married and she want to torment her husband. However a woman who says ma’us alei (he disgusts me) we don’t force her to be with her husband. Mar Zutra said she should be forced and there was an incident in which Mar Zutra forced the wife to be with the husband and they had a child R’ Chinina Mesura. But that is not the normal consequence – they had special assistance from Heaven and we can’t learn from that case.

A review of the recent teshuva literature, inclduing the rulings of  Rav Eliashiv, Minchos Yitzchok, Rav Ovadiah Yosef, Rav Moshe Feinstein, Tzitz Eliezar, Ben Ish Chai and Rav Sternbuch as well as the various public shiurim that Rav Schachter has given on the topic of aguna, - have indicated that there is not a single source that allows the type of public humiliation ORA is using in order to force a husband to give a get. There are sources which allowed indirect pressure such as preventing the obtaining a civil divorce unless a get is given. But not a single use of direct pressure because of the universal concern in the Achronim for a get me'usa (an invalid forced get). Sources such as Rabbeinu Yona, Rabbeinu Yerucham and Rav Chaim Pelaggi were also studied - but they also do not provide a ready and acceptable basis for what is going on with ORA.

[update reply to James in Comments section]

James you obviously have inside information - the beis din issued a seruv for not appearing in which they poskened that a get had to be given. They did not explain their reasons nor did Friedman participate - so they only heard one side. Is that correct? Simple question is how can a beis din posken without hearing both sides? And if it isn't a psak but only a seruv for not showing up so how can they issue a ruling that it is a mitzva to give a get? Besides that level of confusion Rav Shachter has written clearly that he is totally relying on Rav Kaminetsky for his understanding of the case. So apparently it is irrelevant to him whether there is a psak or just a seruv. The only issue is the daas Torah of Rav Kaminestky. He then authorized ORA to attack Aharon and his family. Correct? The Beis din did not say anything about ORA nor do they appear on ORA's list of rabbis. Thus you are insisting that everyone involved agrees that ORA is doing the right thing. I am simply asking for some evidence that ORA actions are approved by Rabbis Belsky and Kaminetsky and what the basis of the psak of the beis din was. It is not clear that saying that it is a mitzva to give or obtain a get justifies what ORA is doing.

So we are still discussing this because of the apparent bizarreness of this case on the level of halacha. It doesn't require a gadol to understand the halachic issues or the halachic rulings going back to the gemora. I simply want to know what halachic understanding justifies the chain of events leading to ORA's demonstrations and pressure. It shouldn't take a talmid chachom more than 5 minutes to rattle off the necessary information. The fact that that ORA through Rav Shachter based on this beis din - has been producing a disturbing spectacle in the secular media - justifies me asking an explanation. If ORA wasn't involved then this would have remained a private issue. But it clearly isn't and I'd like to understand. this is Torah and I need to learn.