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phone 1-845-578-1917
21 Adar 5773
A
signed letter from major Rosh Yeshivas has been issued attacking Rabbi
Avrohom Mayer Weiss for not giving his wife, a Dodelson, a GET. The letter
declares three things: One, that the Siruv given the husband by Beth Din Machon
LiHorah requires everyone to treat him as if he was in Cherem. Two, everyone
should pressure him with public humiliations and by taking away his livelihood to
force him to give his wife a GET.
All three things are completely
wrong. Let us begin with the Siruv issued by Beth Din Machon LiHorah. Yes, they
issued a Siruv and claimed that he did not respond to their demand that he go
to a Beth Din to settle his issues with his wife. But there is another Beth
Din, that of Rav Gestetner
in Monsey,
that has issued a Bitul Siruv, claiming that the husband acted in a proper way
and did accept the obligation to go to a Beth Din. The family claims that it
has over twenty pages of proof
[click here to view them] in writing that they did accept the demand by
Machon LiHorah to enter the Beth Din process to resolve the issues with his
wife.
So the issue must be resolved by a
third Beth Din, impartial and fearless and not the cousin of the wife as in
this letter.
Number two, is the mistaken demand made by the Rosh
Yeshivas that everyone publicly humiliate him.
Humiliating a husband so that he is coerced to give a GET makes an
invalid GET. This is taught in the Rashbo VII:414, Radvaz II:118, Bet Yose 154 DH kosuve, and Chazon Ish 108:12. If the humiliation is
very strong, such as the kind of humiliations demanded by the Rosh Yeshivas,
Rabbeinu Yona considers it worse than murder (Shaarei Teshuva 139). See
Brochose 23Aa Talmid Chochom was
humiliated in public and committed suicide.
Surely severe humiliation creates
an invalid GET.
The same is true of the demand by
the Rosh Yeshivas that people take away the parnoso of the husband. This is
fiscal coercion that renders a GET invalid.
See Choshen Mishpot 205:7 Ramo, Gro and others based on the sugya of
Pardiso in Bovo Basro; Michtov MaEliyohu Simon 19.
Anyone who signed this document is
not educated in the laws of Gittin or Choshen Mishpot. The fact that Rosh
Yeshivas sign together with a cousin of one side and pasken as if they are the
Beth Din even though they were accepted
by only one side and did not hear the side of the husband shows they are
ignorant of the most basic laws of Beth Din.
The Beth Din of HaGaon Rav Nissim Karelitz shlit”o in Bnei Braq has recently issued a
letter stating that anyone who humiliates a husband or damages his income to
force a GET has produced an invalid GET.
The letter from the Rosh Yeshivas in utter
defiance of the most basic laws of Choshen Mishpot and Even Hoezer is wrong and
is a disgrace. For shame.
Shalom,
Dovid
Eidensohn
Musmach liRosh Beth Din of Gittin
by Posek HaDor HaGadole Rav Yosef Shalom Elyashev zt”l