Tuesday, August 27, 2019

דיין בכיר מארה"ב נגד בית הדין בישראל: האשה אינה עגונה

מבוכה בבתי הדין הרבניים: בית הדין האזורי בתל אביב קבע שחרדי, תושב ארה"ב, מעגן את רעייתו מספר שנים. נגד אביו, 'נגיד' בחסידות גדולה, הוצא צו איסור יציאה מהארץ עד שבג"צ התערב וביקש שבני הזוג ינהלו משא ומתן ישיר, אך כעת דיין בכיר מארה"ב - המוכר על ידי הרבנות - קובע: האשה לא עגונה.

הסיפור החל לאחר שבית הדין בתל אביב קבע כי חרדי מארה"ב שנישא לרעייתו לפני 19 שנה, ובמהלך השנים היא לקתה באירוע מוחי בישראל ונאלצה להישאר בארץ בעוד הוא חזר לארה"ב, מעגן את אישתו.


  1. A wife in Israel could always bar her husband from leaving Israel. Simple, all she has to do is tell Israel government officials that her husband wants to run away from her, without giving her a get. No such comparable thing in the USA. A man in NY who wants to make aliya and his wife in NY objects, she cannot bar him from leaving. No complaint to NYS courts would help her. On what basis could she file a complaint to attempt to bar him from leaving the US? She can’t possibly complain: he’s abandoning me and our six small children, can she? That’s preposterous, isn’t it? Especially, once he is in Israel, she has no way to attack him. Maybe she could try shamming him outside of NYS courts. That too is ridiculous, doesn’t it say?
    Kethuboth 110b Soncino translation:
    “Mishnah. [a man] may compel all [his household] to go up [lit., cause to go up] [with him] to the land of israel., but none may be compelled to leave it. All [one's household] may be compelled to go up [lit., cause to go up] to Jerusalem [from any other Palestinian place], but none may be compelled to leave it. [this applies to] both men and women [A wife also may compel her husband to live with her in Jerusalem or the Land of Israel and, if he refuses, she is entitled to demand a divorce and the payment of her kethubah.]. If a man married a woman in the land of Israel and divorced her in the land of Israel, he must pay her [her kethubah] in the currency of the land of Israel. If he married a woman in the land of Israel and divorced her in Cappadocia he must pay her [her kethubah] in the currency of the land of Israel [The Cappadocian coins were dearer than the corresponding ones of the Land of Israel.]. If he married a woman in Cappadocia and divorced her in the land of Israel, he must a gain pay [her kethubah] in the currency of the land of Israel. R. Simeon b. Gamaliel, however, ruled that he must pay her in the Cappadocian currency. If a man married a woman in Cappadocia and divorced her in Cappadocia, he must pay her [her kethubah] in the currency of Cappadocia.”
    She could try taking away his pension and assets and such. But who cares about money? You can’t take money with you. Live a life and live it well, I say.
    BTW, I saw a good movie yesterday with one of my daughters, Angel Has Fallen: “Authorities take Secret Service agent Mike Banning into custody for the failed assassination attempt of U.S. President Allan Trumbull. After escaping from his captors, Banning must evade the FBI and his own agency to find the real threat to the president.”
    We in Israel are doing the dirty work for Trump POTUS, fighting the evil Iran in Lebanon, Syria, Iraq, and other places (Yemen?). This is a pro-Trump film, complete with a fake Russia collusion, Insurance, and evil people trying to defame and then to kill POTUS. Netanyahu is like Mike Banning, a determined fighter against Iran emissaries. The POTUS is black and a good man. The head of the FBI is a woman and a good woman. I don’t want to give the story away.

  2. The consequence that in Israel that a man or woman can bar his or her spouse from leaving Israel---forces a get that might not be otherwise. Interesting, the consequence of Mendel Epstein et al, the K-G garbage heter and ORA and Agunah International is also to force a get that might not be otherwise. Mendel Epstein et al, K-G garbage heter, and ORA and Agunah International don’t have customers in Israel. In Israel an angry wife could simply bar her husband from leaving the country and tell the authorities that she is an agunah.
    Allow me to show a beautiful daf hayomi today’s class:
    K’rithoth 5b:
    “Has it not been taught: When the holy ark was hidden there disappeared with it the jar of manna צנצנת המן [“And Moses said to Aaron, Take a jar, put one omer of manna in it, and place it before the Lord, to be kept throughout the ages” (Exodus 16:33)], the flask of the oil of anointing צלוחית שמן המשחה [“The priest Zadok took the horn of oil from the Tent and anointed Solomon. They sounded the horn and all the people shouted, Long live King Solomon! (1 Kings 1:39)], the rod of Aaron מקלו של אהרן together with its almonds and blossoms [“The next day Moses entered the Tent of the Pact, and there the staff of Aaron of the house of Levi had sprouted: it had brought forth sprouts, produced blossoms, and borne almonds” (Numbers 17:23)], and the coffer ארגז which the Philistines had sent as a present to the God of Israel, as it is written [“Take the Ark of the Lord and place it on the cart; and put next to it in a chest the gold objects you are paying Him as indemnity. Send it off, and let it go its own way” (1 Samuel 6:8)] And put the jewels of gold, which ye return Him for a guilt-offering, in a coffer by the side thereof, Who hid it? Josiah, king of Judah, hid it, as it is written “He said to the Levites, consecrated to the Lord, who taught all Israel, Put the Holy Ark ארון הקדש in the House that Solomon son of David, king of Israel, built; as you no longer carry it on your shoulders, see now to the service of the Lord your God and His people Israel” (2 Chronicles 35:3).”
    Wow, this means, today, deep down somewhere is buried: צנצנת המן, צלוחית שמן המשחה, מקלו של אהרן, ארגז, and ארון הקדש. May we merit the full redemption speedily in our time.


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