ChanaRachel's comment on "Sefer on forced gittin - with haskamos of major ra...":
I'd like to look at the case study (the woman named Sandie) provided in the link cited above by Rabbi Eidensohn Jewish Action Magazine Spring 1998
Let's say that Sandie decides that she can no longer live with the abuse and asks for a divorce. Her husband refuses. They go to beit din.
What would be the response and halachic analysis by:
1- An RCA beit din in the US?
2- A Rabbanut beit din in Israel
3- A Hareidi beit din following the shitot of the above book?
4- How would each Rabbi Eidelsohn analyze the case?
I'd like to look at the case study (the woman named Sandie) provided in the link cited above by Rabbi Eidensohn Jewish Action Magazine Spring 1998
Let's say that Sandie decides that she can no longer live with the abuse and asks for a divorce. Her husband refuses. They go to beit din.
What would be the response and halachic analysis by:
1- An RCA beit din in the US?
2- A Rabbanut beit din in Israel
3- A Hareidi beit din following the shitot of the above book?
4- How would each Rabbi Eidelsohn analyze the case?
Sandie's Story
Sandie* is a 45-year-old mother of four beautiful children, ages 10, 14, 15 and 22. She works as a school administrator and is highly regarded by staff and parents alike for her professionalism and sensitivity to the children's needs. Her husband David owns a successful business that caters to the growing Jewish population in their neighborhood. He is on the board of their synagogue, attends a Daf Yomi shiur every morning, and is well known as someone who is always willing to help out when a need arises in the community.
Sandie's greatest joy is a new grandchild, their first. Her greatest shame is that, unbeknownst to any of her friends, Sandie's husband abuses her. Some of her most painful moments have been at events when she and her husband were being honored for their community activities; it's all she can do to keep smiling when people tell her how wonderful her husband is, and how lucky she is to be married to him.
Sometimes Sandie has a hard time believing what really happens at home. When David comes home at night, she scans his face to see what kind of evening it's going to be. If he's in a "good" mood, he might generously say, "Forget what you've made for dinner. Let's all go out to eat!" On a "bad" night, she hustles the children into their rooms and tells them to do their homework alone because, "Abba needs it nice and quiet tonight."
On nights like that, she knows that it won't take much to send him into a rage -- throwing dishes, screaming at her, slamming his fists into the walls, calling her names, accusing her of infidelity, or threatening to divorce her and take the children with him. Although he has shoved her and pulled her hair in the past, he has never hit her or broken any bones. Sometimes he yells at the kids too, but more often he spoils them and tells them that their mother is "too strict." He used to apologize and bring her gifts after a fight; but that never happens anymore.
Over the years, she's tried many ways to fix her marriage. She suggested couples' counseling several times, but David refused to go, saying that all their problems are her fault. She's spoken to rabbis and counselors, most of whom told her to leave him, but they couldn't tell her how she was supposed to support her children on her own. Others told her that he "just has a bad temper," and that she must avoid doing things that "push his buttons." Part of the reason Sandie went back to work was to build up a nest egg for herself, but David insists that she deposit her check directly into his bank account.
She's spent many nights crying, agonizing over the person her husband has become and wondering what she's done wrong. She feels so ashamed that she hasn't been able to keep shalom bayis in her home that she has rarely tried to tell anyone else. When she has hinted at problems, people say she must be exaggerating. She actually has few friends anymore, as David doesn't trust her to see people on her own. He insists they do everything as a couple.
The most recent incident was over the fact that she bought new shoes for their youngest child without asking David first. He kept her awake until 4:30 a.m. yelling about how she can't handle money, and how careless and lazy she is. (He gives her an "allowance" every motzei Shabbos to cover food, gasoline, clothing, school supplies and household expenses: the amount depends on whether she's been "good" that week, but it's never more than $200 for everything.)
For some reason, this fight was the last straw for her. She realized that he wasn't ever going to change; and she didn't want her children to grow up thinking this was normal behavior. That week she saw a card at the mikvah advertising a hotline for abused Orthodox women. When she called, the counselor really listened -- and made her feel that someone finally understood. But she didn't tell her what to do. Sandie had hoped the hotline would give her an answer, but by the end of the conversation, she realized that she was going to have to make some hard decisions for herself. She did feel better, however, after they worked out a safety plan in case things got worse again. The counselor gave her the names of some therapists, a battered women's support group, and a rabbi who would believe her, and told her she could call back any time she wanted to talk some more.
Sandie decided to start with the rabbi, and called to make an appointment. Although she was hesitant at first to give details, he seemed to understand what she meant by a "bad temper." He assured her that he would not endanger her by telling her husband she had come to him, and he set about helping her evaluate her options within a halachic framework. He also suggested that it would be a good idea for her to talk to a domestic violence counselor.
At this point, after a few visits with the rabbi, Sandie doesn't yet know if she'll stay with David or ask for a divorce: she feels there are pros and cons either way, and she wants to make sure she does the right thing for her children. She does feel, however, that she has finally opened her eyes and is on her way to making things better for herself and for them. She feels hopeful for the first time in years.