Monday, January 4, 2016

Comparing the Kaminetsky-Greenblatt heter to the Rackman Beis Din's use of Kiddushei Ta'us

Below is an article regarding the Rackman Beis Din which took the principle of kiddushei' taus and applied it to all sorts of things saying "If she only had known about X she would never have married him" and thus declared the marriage a mistake. The important thing to note is that the Rackman beis din made no attempt to lie about the facts. Its major problem was in declaring a wide range of situations to justify invalidating the marriage. The Rackman beis din stretched the concept of kiddushei ta'us until became a sad joke. As Rav Bleich noted that according to the Rackman Beis Din the  mere fact that the husband refused to give a Get proved that he was cruel and since she would have never married such a cruel person - the marriage is invalid.

In contrast the Kaminetsky-Greenblatt heter is based on a false psychiatric report which not only wrongly claims that Aharon has 2 incurable personality orders but that these personality disorders are severe enough to create a mekach ta'us.  They have succeeded in keeping the halacha of kiddushei ta'us intact but instead corrupted the factual basis to enable any woman to invalidate her marriage with a psychologist's report. Even if the therapist never talked to the husband and even if he wrote the report based entirely on the nasty things an estranged wife mights say about her husband without hearing the other side at all- and even if he simply made up the report out of his own imagination - the Kaminetsky-Greenblatt heter says the marriage is invalid. It isn't based on a comical interpreation of halacha but on nasty lies.

Which is the greater corruption - to twist the halacha to make it cover a wide range of inappropriate conditions or to the falsely claim the existence of severe mental health problems?

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