Monday, March 15, 2021

Problematic divorce

 Rav Moshe Sternbuch (1:781): It often happens that the wife goes to secular court and receives a large judgment for maintenance for herself and her children. The husband is not able to pay it so he is forced to make a deal with his wife that he will divorce her and in exchange she forgives him from paying or to reduce what he owes her. So in order to be exempt from the judgment of the secular court which actually the court is stealing from him, he is forced to give her a get. The wife’s lawyer does not allow this exemption without the giving of the get. The wife is therefore forcing her husband to divorce her by using the pressure of the judgment of the secular court which is not in accord with the halacha and thus constitutes theft by the wife.  The pressure to divorce her includes fear of being imprisoned or monetary fines.  The Chazon Ish states that even though the pressure is not explicitly to divorce but since it is pressure to pay something not according to halacha we need to be concerned that the get is not valid.

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