Sunday, October 11, 2015

A Neglected Point In the Tamar Epstein Case

Guest post

I would just like to precede with an analogy to help clarify this issue. If one were to go to a Bais Din with a claim that he just purchased a car from a dealer and there was no engine inside. If the Bais Din were to declare this a Mekach Tois without speaking to the dealer and giving him the opportunity to express his position. The Bais Din would be considered at best a Bais Din Shel Hadyotis and their ruling would be null and void. The reason being that it is impossible to decide an issue without hearing both sides of the story. The dealer could very well counter with a claim that he only sold the car for parts and bring a bill of sale proving his claim. The same is true here, it is impossible for any Rov or Bais Din to declare a Mekach Tois without hearing from the husband. Since this ruling was done without the presence of the husband it is null and void. There is no heter or excuse for a UNILATERAL decree of Mekach Tois.

In my opinion discussions of the validity of the grounds claimed for Mekach Tois detract from the issue that it is impossible to unilaterally declare a Mekach Tois. All claims made for Mekach Tois are invalid unless the husband is given the right to refute them.

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