tag:blogger.com,1999:blog-7309929059139673041.post1981704370212404494..comments2024-03-29T09:34:59.827+03:00Comments on Daas Torah - Issues of Jewish Identity: Rifky Stein & Yoel Stein: A neutral divorce lawyer's evaluation and suggestionsDaas Torahhttp://www.blogger.com/profile/07252904288544083215noreply@blogger.comBlogger31125tag:blogger.com,1999:blog-7309929059139673041.post-19185644643483147952019-06-26T14:12:24.345+03:002019-06-26T14:12:24.345+03:00as searching for help on the internet to get my ex...as searching for help on the internet to get my ex lover whom will got divorced back, i came across this wonderful man called DR.ODOGBO of ODOGBO TEMPLE who did a nice job by helping me to get my divorced husband back within 48hours.. I never believe that such things like this can be possible but now i am a living testimony to it because ODOGBO TEMPLE actually brought my lover back, If you are having any relationship problems why not contact DR.ODOGBO TEMPLE via email on: (DRODOGBO34@GMAIL.COM ) OR WhatsApp him on +1443 281 3404 Then i promise you that after 48hours you will have reasons to celebrate like me.Reymond Morenonoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-23851399564335885532015-01-24T06:24:03.239+02:002015-01-24T06:24:03.239+02:00So it's been a few months since I followed thi...So it's been a few months since I followed this story and posted on this site. I see now an article in the NY Post. Here I quote part of the article:<br /><br />Weiss chuckled throughout Stein’s testimony, causing Judge Esther Morgenstern to reprimand him.<br />“There’s nothing funny here. I don’t see any humor,” said the judge, who had difficulty obtaining her own get when her marriage dissolved in the late 1980s.<br />“To see him laugh it off, it was very painful. He still continues to abuse me by not giving me my get,” Stein told The Post outside court.<br />Morgenstern has pressured Weiss during the proceedings to give Stein the get."<br /><br />This is exactly what I mentioned in my postings months ago. A female judge. A Jewish judge. And one who allegedly had her own difficulties in obtaining a get. A judge who clearly wants Mr. Weiss to grant the Get. And to top it off, he's chuckling during the proceedings! Is there anyone here who thinks the judge is not going to rake Mr. Weiss over the coals? If he's held in contempt, visiting his children will be the least of his worries while he's wearing an orange state-issued jumpsuit. My commentary from months ago appears eerily prescient. This is exactly why I advise my clients to present themselves as being the more reasonable person.Brent Albalanoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-33493131592516479782014-08-03T05:01:31.554+03:002014-08-03T05:01:31.554+03:00It's 2 days before Tishah B'Av! Still no r...It's 2 days before Tishah B'Av! Still no reply from Rivkah and any of her supporters?! Its really unbelievable!¡¿?Verification of Addressnoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-66830943303058388592014-07-30T05:31:53.109+03:002014-07-30T05:31:53.109+03:00Is Rivkah planning to reply to Yoilie's loyal ...Is Rivkah planning to reply to Yoilie's loyal offer to her by Tisha B'Av? It's already 2 weeks since!Verification of Addressnoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-73647298075637414982014-07-18T19:20:25.898+03:002014-07-18T19:20:25.898+03:00Cross examination of wife by husband"s attorn...Cross examination of wife by husband"s attorney:<br />So, your husband beat you?<br />When?<br />How often?<br />What did you do when he beat you?<br />Did you call the police?<br />Did you call the police after the second time?<br />After the third time?<br />Did he use anything to beat you with?<br />Did you run out of the house?<br />Were there any bruises?<br />Do you have any photos?<br />Did you go to the hospital?<br />Did you go to the hospital after the second incident?<br />After the third beating where did you go to live?<br />Why didn't you call the police after the third beating?<br />Why didn't you go to the hospital after he kicked you in the stomach?<br />Why didn't you move out if he beat you?<br />Where were the children during the second beating?<br /><br />Mr. Ginsburgh, I could come up with a hundred more questions on this. But I think you get the point. If someone is lying about being physically abused there will be no police calls, no doctors notes, no hospital reports, no photographs.<br /><br />Summary questions:<br />So, are you telling this court that you have no proof of any of these beatings? Are you asking this court to believe that despite five beatings, one with a mop handle, and being kicked in the stomach on the night of May 12, over a seven month period, you never once called the police? You never once went to the hospital? Are you asking this court to believe your story without offering any proof whatsoever? No further questions Your Honor.Brent Albalanoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-90295956359411586542014-07-18T16:39:13.719+03:002014-07-18T16:39:13.719+03:00You're welcome. Thank you for your postings.You're welcome. Thank you for your postings.Honestynoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-4190210994849059222014-07-18T13:28:18.551+03:002014-07-18T13:28:18.551+03:00Brent, not every lie is demonstrable as a lie. How...Brent, not every lie is demonstrable as a lie. How does one prove he didn't beat his wife in their bedroom? And, yet, the judge may be influenced by the lie and tale unfair action against him. Secular court often results is something that hardly can be called justice.<br /><br /><br />As far as giving the Get (despite not desiring to) to please the court, such a "Get" is halachicly invalid and halachicly equivelent to having given no Get at all.Moe Ginsburgnoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-9102832592655116982014-07-18T12:30:33.307+03:002014-07-18T12:30:33.307+03:00Made this into a separate post
http://daattorah.b...Made this into a separate post<br /><br />http://daattorah.blogspot.co.il/2014/07/rifky-stein-yoel-weiss-yoel-announces.htmlDaas Torahhttp://daattorah.blogspot.co.il/noreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-23444258476214497952014-07-18T12:15:46.275+03:002014-07-18T12:15:46.275+03:00To Dass Torah & to Rivky's supporters.
Ma...To Dass Torah & to Rivky's supporters.<br /><br />Many of you have voiced a one sided opinion on the matter between Rivky Stein and myself, questioning my integrity, taking Rivkys side at face value that, 1) she summonsed me to Beis Din to give her a get. 2) I refused to go to the Beis Din, and 3) I refuse to give the get.<br /><br />Since Rivky turned her divorce into a public matter, I am announcing publicly that I have full intentions to give Rivky the get. My Choshiva Rav & Dayan, initially advised me to wait till the outcome of the secular proceeding Rivky initiated before I render the get. However, after getting a massive feedback how unfortunate this private matter has risen to a public chillul Hashem berabim of no comparison, the Rav, in a sudden paradigm shift, called me last night, that its more important to dismantle the Chillul Hashem vehicle Rivky and her advisers erected. I therefore wish to share with all Rivkys supporters and admirers, that I intend to provide Rivky Stein with a get the day after Tisha Bav Wensday August 6 2014<br /><br />I intend to show up at 1278 East 77nd Street Brooklyn, NY 11234 the Beis Din Rivky Stein & chose, the very Beis Din who supposable sent me 3 Hazmonos, which allegedly I ignored. This is also Rivky's Beis Din who placed me in Ceirem. [excommunication] because I supposable ignored the Beis Din. As many times I tired, I was unsuccessful to reach those 3 rabonem to arrange a set time for the get. I therefore make this announcement publicly. Please urge Rivky and her advisers to invite the 3 Dayanem "Rabbi Chaim Taub ('dayyan') Rabbi David Binyamin Abales ('av bais din') Rabbi Yehoshua Goodman ('dayyan')" at the address cited on their Hazmonos 1278 East 77nd Street Brooklyn, NY 11234 which is also the same address on the face of the excommunication order, where the excommunication proceeding supposedly took place.<br /><br />I intend to show up Bezras Hashem at 12 pm sharp at Rivky' Steins & UZIEL FRANKEL Beis Din located 1278 East 77nd Street Brooklyn, NY 11234 since these three Rabbonem are not known to anybody but to Rivky Stein & { Uziel Frankel } , they will need to identify themselves, present proper identification and credentials that they are indeed rabbonem who can handle a get in general.<br /><br />In light of the fact that Rivky's Steins & { Uziel Frankel } Beis Din placed me in Cheirem [excommunication] it will require once I appear at the Beis Din that the same there rabonem void their excommunication, regardless of the outcome in the get proceeding.<br /><br />Rivky is now a celebrity, she washed her dirty laundry in the public, its now time to get the laundry to dry up in public. We will make certain to have a media blitz to witness the 3 Rabbonem conduct the get proceeding, and the nullification of the excommunication, which has caused tremendous shame and pain to me and to my entire family.<br /><br />Rivkys supporters, please come and join the get proceeding at 1278 East 77nd Street Brooklyn, NY 11234 We intend to serve refreshments to all her supporters, so please don't eat too much, and make sure to dress appropriately not to make a chillul Hashem when you talk ot the media.<br /><br />This is Rivky's only chance to receive her get. If only heavenly permits it, and Rivky and or her 3 rabbonem don't show up at the identified address to except the get, she will need to live the rest of her life without a get. I will obtain a heter mayeh rabbonem and move on.Yoel Weissnoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-45024718882141987572014-07-18T01:04:18.901+03:002014-07-18T01:04:18.901+03:00Thank you.Thank you.Brent Albalanoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-63275847825673082132014-07-18T00:58:06.586+03:002014-07-18T00:58:06.586+03:00AAAhhh, I was waiting for someone to notice that. ...AAAhhh, I was waiting for someone to notice that. I will say that I posted that rather flippant comment before I started following various links and found my way to this website. But notice that nowhere, on her page or on this page do I take any position on her "demands." No-where on either page do I say she should have custody. That Mr. Stein should have supervised visitation. Nowhere do I take a position on child support or alimony. Nowhere do I take a position on criminal activity allegations or Orders of Protection. I have been very careful in that I have consistently been limiting my comments to one single general civil law/halacha issue: "should a GET be used as leverage in a civil divorce custody dispute?" And my comment on Ms. Weiss' page and here has been a consistent NO. Yes, it does "drive me crazy." I don't think that's been inconsistent. I have been very careful not to make any of my comments here "Weiss-Stein case-specific." If you review all my various comments on this website (both on this specific page, and on the "proposal page"), you will find that's true.<br /><br />Additionally, at first blush, her FaceBook page refers I believe to only Family Court. I did not know if there is, or was, a Divorce matter pending when I posted that comment. I was under the impression that the civil divorce was finished and only the GET was at issue.<br /><br />To take a valid position specifically on the "Weiss-Stein" matter, I and everyone here, need information that none of us have:<br />Has a civil divorce been filed? When? What stage is it up to?<br />Has Mr. Stein been seeing the child(ren) all this time? How?<br />Have criminal charges (RICO) been filed or not? Has he been charged or not?<br />What stage, if any, is any criminal matter up to?<br />Are there in fact, any Orders of Protection? Violations? Dismissals?<br />What, if any, are the allegations in the Order of Protection?<br />What is the story about that $10,000?<br />What are their incomes? What was each of their property prior to the marriage? Do they own a home? Rent?<br />What is Ms. Weiss actually claiming happened during the marriage? (Not with regards to "grounds" as NYS is a no-fault state, but with regards to custody/visitation issues?)<br />What is Mr. Stein actually claiming about Rifka?<br />Please take note that I admitted to Dr. Eidensohn up front that I have not read all the dirty laundry that these two are airing in public. That is because what is said while posturing in front of the public may not actually be made as legal arguments in Court. "Public Theatre" is not evidence in Court.<br /><br />I do not think Dr. Eidensohn erred in referring to me as being neutral in my comments.Brent Albalanoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-36475783910054874772014-07-17T18:49:12.825+03:002014-07-17T18:49:12.825+03:00R' Daniel ,
Thanks for your response. I appre...R' Daniel ,<br /><br />Thanks for your response. I appreciate that the Get should be given at the end of the process. My question is not about the workings of a Beis Din or trying to bring pressure on the man which are halachic issues . It is not about whether one has the right to use the Get as a negotiating tool , but a moral question of using the Get to gain concessions . To reframe the question – how would we like our son-in-laws to approach a divorce with our daughters ? A lot of suffering in the world could be alleviated if people could be educated that the best deal is one that addresses the concerns of both the parties ,<br />instead of trying to winallan katznoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-73158304347514209692014-07-17T17:32:27.022+03:002014-07-17T17:32:27.022+03:00Rabbi Eidensohn, in the title of this post, calls ...Rabbi Eidensohn, in the title of this post, calls Brant Albala "a neutral divorce lawyer". Therefore I think it is important to point out that this isn't correct as he is not neutral in this dispute. He posted the following on Rivky Stein's facebook group:<br /><br />Brent Albala <br /><br />"It's too bad you don't live in Nassau County. I'm an attorney that practices<br /> in Nassau County Family Court almost daily. I'd represent you for <br />nothing. This practice of holding a get over a woman's head to extract <br />concessions drives me crazy."<br /><br />Like · Reply · 1 · July 14 at 4:58pm<br /><br />https://www.facebook.com/RedeemRivky/posts/469491126486537?comment_id=472061982896118&offset=0&total_comments=15Davidnoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-54650504700550931552014-07-17T13:49:37.198+03:002014-07-17T13:49:37.198+03:00Rav Sternbuch writes
This that the wife creates p...Rav Sternbuch writes<br /><br />This that the wife creates pressure with the claim that he is tormenting her and she can not stand the situation any more and that she is ready to go to "rabbis" who are lenient in divorce - that is still not justification for us to make rulings against the Torah. The ways of G-d are hidden and some suffer physically while other suffering financially and some suffer in their marriage. We need to hope to G-d that the end of suffering has arrived and that he will divorce her. On the other hand, to force him with high payments for food or to humiliate him when it is not permitted - it doesn't help because this pressure only produces a get me'usa - G-d forbid - which has no validity. But concerning cruelty and spite which is characteristic of Sedom - only Heaven can punish him.<br /><br />http://daattorah.blogspot.it/2012/04/rav-sternbuchforcing-husband-to-divorce.htmlDaas Torahhttp://daattorah.blogspot.co.il/noreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-43183024323289686802014-07-17T13:42:07.986+03:002014-07-17T13:42:07.986+03:00@Allan Katz - giving the get at the end is not jus...@Allan Katz - giving the get at the end is not just an option it is standard operating procedure. A get demonstrates a severing of the relationship. Getting a settlement after giving the get that induces regret at having given the get - undermines the significance of the get. According to your understanding it is an immoral thing which is correct according to the letter of the law but not the spirit. That is not how it is understood in Chareidi circles.Daas Torahhttp://daattorah.blogspot.co.il/noreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-73832649721524498052014-07-17T10:18:48.029+03:002014-07-17T10:18:48.029+03:00R' Daniel -Thanks for sharing Brent's pers...R' Daniel -Thanks for sharing Brent's perspective and insights. I am interested in<br />hearing your thoughts concerning the Weiss-Dodelson case <br />in the context of Brent's perspective and advise. If I recall correctly<br />Weiss used the Get to better his custody and visits deal he got from the<br />secular courts. Although I don't think his ex would marry without a Get, imho<br />Weiss's strategy may have contributed partly to the chilul hashem his ex wife caused. We could extend this also<br />to the problem of pressurizing the husband to give a Get. Brent has given his<br />opinion that only where there are criminal charges one is advised to wait with<br />giving of the Get. My question is – when<br />is using a Get to negotiate better terms acceptable and when would it be <br />acting like a ' na'val be'<br />re'shoot ha'torah . As Brent's had said withholding a Get is a<br />cruel thing to do , so it is not a moral thing to do. I understand that Brent<br />has said his words in the context of a judgment in a secular court concerning<br />custody and visitation rights, but he has encouraged people to try and hold the<br />moral high ground. I think this fits in beautifully with R' Isaac Sher's<br />comments on Bnei Gad and Re'uvein's request for the land on the East Bank. Their<br />great herds of flock and cattle were indeed a sign from heaven that the land<br />was theirs to be taken as an inheritance , but there was another possibility<br />that it was a way of Hashem testing them<br />to see if they would undermine the morale and the resolve of the nation to enter the<br />land of Israel and fight the war to expel the nations or not . In life we may<br />see success as a God validating our path and direction or it could be God using<br />success to test us. The same goes with halacha. According to the halacha we may<br />be in the right , but maybe Hashem is testing us to see if we act morally to<br />try and find mutually satisfactory solutions and peaceful relationships and chas ve'shalom not be a ' na'val be'<br />re'shoot ha'torah'allan katznoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-12923867075745997982014-07-17T10:17:58.757+03:002014-07-17T10:17:58.757+03:00Brent,
Thank
you very much for your reply. I went...Brent,<br /><br />Thank<br />you very much for your reply. I went back to check out all your comments and<br />your words very much resonate with meallan katznoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-27190478327078899522014-07-17T08:30:27.582+03:002014-07-17T08:30:27.582+03:00He is making a different point. That in a case whe...He is making a different point. That in a case where this may turn her away from Judaism, withholding the get is pointless. What is he achieving by withholding a get. In fact, it can only cause worse problems.<br /><br /><br />I happen to know of such a case. The woman found a boyfriend and moved in with him. Reconciliation was definitely out of the question, since it was assur. She was in an adulterous relationship. This led her to slowly drop many other things as well. She started driving on Shabbos, kashrus, moved to a non-religious community etc.etc.<br /><br /><br />This is the type of case Mr. Albala is talking about. Withholding the get is only serving as revenge.<br /><br /><br />I do think you are right in a case where the woman does want to follow the halacha, and will not drop her Yidishkeit. In such a case, using the get for reasonable leverage is acceptable. For instance, he could stipulate that if/when a serious Beis Din advises him to give a get, he will do so. That will assure him that Halachik rights will not be violated. I also wonder if a judge will then not view this negatively.Honestynoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-26019296306368672562014-07-17T04:28:26.624+03:002014-07-17T04:28:26.624+03:00Really? I really need to answer this question? I w...Really? I really need to answer this question? I would think the answer is obvious. Just yesterday I had a case where the non-custodial father was arrested on a gun charge. Why was there a gun in his car? Was he going to a drug buy? Going to rob a liquor store? On his way to his ex-wife's house to exercise a little "self-help" divorce? Would YOU want your child in that car? Maybe if he's involved in criminal activity there'll be a shoot-out. Still think he should be free to do whatever he wants with the children? I don't. And I'm pretty sure I could get any judge to agree with me.<br /><br />Now that's not to say there aren't valid reasons to be in possession of a gun. Is he in the jewelry business? (When I was in college many many years ago I had a summer job working on 47th Street in NYC. For those of you who aren't New Yorkers, that's the diamond district. There were days I carried a whole lot of diamonds on my person!) Is the gun licensed? At home is it kept in a lock-box? Obviously in such cases there is no rational requirement for supervised visits. That's what conferences and negotiations are for.Brent Albalanoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-15262300410722992632014-07-17T04:02:05.273+03:002014-07-17T04:02:05.273+03:00OK, fine. But it still doesn't change my argum...OK, fine. But it still doesn't change my argument on a legal level. Don't make the Get a bone of contention. It doesn't need to be done on day one, but don't withhold or drag it out. Litigate custody and visitation on their own merits. So that once the civil divorce is done, both people are free to remarry.Brent Albalanoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-28850701862267481592014-07-17T03:54:31.245+03:002014-07-17T03:54:31.245+03:00Of course I've had cases where the other side ...Of course I've had cases where the other side refuses to negotiate. That's what trials are for. If the issue is stupid, the judge will figure that out. My position is always that I'm the reasonable one, it's the other side that took this unreasonable position to trial.<br /><br />Oh, there's always attorneys who'll take the case. We've all had to deal with other attorneys that are difficult. Litigating everything? So litigate. Sometimes it's unavoidable. As long as in conference with the judge prior to trial I can present myself (and my client) that we're being reasonable and the other side is being difficult. Most judges will see through the nonsensical positions.<br /><br />Remember this entire page is based on the issue that "should a husband refuse a Get to gain advantage?" My position, for reasons stated repeatedly on the page, is NO. Remember, "MY client is being reasonable Your Honor."Brent Albalanoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-78939827399540356612014-07-16T22:39:16.873+03:002014-07-16T22:39:16.873+03:00No, Brent, I am simply describing what the halacha...No, Brent, I am simply describing what the halacha is. A "Get" is a halachic tool and process. So in order for the Get to be valid, the halachic requirements must be met. Otherwise you could simply have your buddy write up the Get on a scrap of paper with whatever he feels like scribbling in if that makes one happy.<br /><br />We do not change Jewish Law because someone will discard following halacha if her desires or even needs are not met outside the confines of Jewish Law.Moe Ginsburgnoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-50598496675215247142014-07-16T19:58:30.464+03:002014-07-16T19:58:30.464+03:00Part 2. Again my computer cut me off!
So, what do...Part 2. Again my computer cut me off!<br /><br />So, what do you think the outcome of a second trial under these circumstances would be?<br /><br />That's why I, as an attorney will always advise my client not to withhold a Get. Let me attempt to negotiate a fair custody/visitation agreement. It's better for everybody. If we need to have a trial, let's try and limit it to financial matters.<br /><br />There's an old lawyer maxim: "A fair agreement is when both sides walk away equally unhappy!"Brent Albalanoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-1505504093715687552014-07-16T19:51:06.286+03:002014-07-16T19:51:06.286+03:00So Mr. Ginsburg, you still want to take a hard-lin...So Mr. Ginsburg, you still want to take a hard-line stance. OK. So now she remarries. Or wants to. Her Rabbi and community consider this adultery the subsequent children are mamzerim. Obviously her Rabbi won't even perform the marraige. Her community ostracizes her. What then? <br /><br />She'll leave the community if she's made miserable enough. Maybe find a Reform or Reconstructionist husband who isn't frum enough. Find a reform Rabbi, maybe even a female Rabbi, who will marry them. Maybe going to yeshiva isn't a priority anymore. Maybe keeping kosher isn't so important anymore. Maybe they'll drive to shul on Shabbos, if they go. Maybe keeping kosher for Passover means a box of Streit's Matzoh. Maybe live in community with no Eruv, no Mikva.<br /><br />Is that a better scenario? Is that what Halacha demands?<br /><br />Let's continue this line of thought a little further. Maybe the father of the children is horrified to learn that their step-father made the kids bacon and eggs for breakfast. He files a Petition for a change of custody! He's outraged! Everybody goes back to Court. Lawyers are getting paid again. More Court costs! Maybe they'll end up in front of the same judge that "pressured" him into signing the Get. Now the mother testifies about how ostracized she was in her orthodox community. Her treatment by her old Rabbi, her old neighbors. How she had to move to a mixed community with no local shul, no local kosher butcher,Brent Albalanoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-85607724641864780372014-07-16T18:48:34.186+03:002014-07-16T18:48:34.186+03:00Why should non marriage gun issues require supervi...Why should non marriage gun issues require supervised visitation? It sets a bad precedent for the future?MiMedinat HaYamnoreply@blogger.com