“I don’t speak because I have the power to speak; I speak because I don’t have the power to remain silent.” Rav Kook z"l
Thursday, June 8, 2023
David Wasserman "the Rasha" Who Refuses to Grant His wife a Get Will Go to Jail If He doesnt Give the get in 8 days
Please note that any comments supporting this vile scumbag David Wasserman will not be published. Also, any negative comments about Flatbush Girl in this post will not be published.
It is indeed most unfortunate that a woman cannot receive a "get" after exhausting all halachic remedies. However, although the recalcitrant husband may truly be deserving of incarceration and that such punishment may indeed be warranted, nonetheless, the threat of such imprisonment does nothing to help the hapless agunah.
According to nearly all Hallachic authorities, a "get" obtained through the threat of incarceration is considered a coerced "get".
A "get" obtained through coercion is considered a "get posul", an invalid "get" which is worse than no "get" at all. In a situation where an agunah's husband were to die before delivering a "get" the widow is free to remarry a Kohain. However, if a woman receives an invalid "get", she cannot get married on the basis of that "get". But worse than that, if this woman's husband were to die before delivering a valid "get", she is not permitted to remarry a Kohain. For this woman, she is in a worse place than before. She is not considered divorced in order to remarry, but if her husband were to die, she is considered to have been divorced previously, and thus forbidden to remarry a Kohain.
The only time a "get" obtained by coercion is valid, is when the marriage was one that was halachically forbidden in the first place, such as a Kohain who married a divorced woman or geyores, or something similar.
Although, imprisoning a husband who refuses to give a "get" might feel good and might give the agunah a sense that justice has been done, if this does nothing to help the woman to get out of her situation, perhaps justice is best left to the Divine Judge.
8:38 Your comment "According to nearly all Hallachic authorities, a "get" obtained through the threat of incarceration is considered a coerced "get"." Is not only misleading but is patently false!
What "nearly all Hallachic authorities" hold is that a husband put in Jail is now the only remedy to get a "get" from a vile creature like Wasserman. In Israel the Rabbinite and the Badatz now use this method and they have a 95% success rate.
Your word salad is just that, "word salad" and means nothing. Those Rabbanim who hold that jailing a "recalcitrant husband" is considered a coerced get should all have children and grandchildren in this position!
Does the husband have any beis din, even a corrupt one, backing him up?
ReplyDeleteWhy wait 8 days to give him a bris?
ReplyDeletePut him in now, and he should be there till the Kohen Gadol dies.
A woman is freed from marriage by a get or the death of the husband. May G-d free her if her get refuser husband does not.
ReplyDeleteIt is indeed most unfortunate that a woman cannot receive a "get" after exhausting all halachic remedies. However, although the recalcitrant husband may truly be deserving of incarceration and that such punishment may indeed be warranted, nonetheless, the threat of such imprisonment does nothing to help the hapless agunah.
ReplyDeleteAccording to nearly all Hallachic authorities, a "get" obtained through the threat of incarceration is considered a coerced "get".
A "get" obtained through coercion is considered a "get posul", an invalid "get" which is worse than no "get" at all. In a situation where an agunah's husband were to die before delivering a "get" the widow is free to remarry a Kohain. However, if a woman receives an invalid "get", she cannot get married on the basis of that "get". But worse than that, if this woman's husband were to die before delivering a valid "get", she is not permitted to remarry a Kohain. For this woman, she is in a worse place than before. She is not considered divorced in order to remarry, but if her husband were to die, she is considered to have been divorced previously, and thus forbidden to remarry a Kohain.
The only time a "get" obtained by coercion is valid, is when the marriage was one that was halachically forbidden in the first place, such as a Kohain who married a divorced woman or geyores, or something similar.
Although, imprisoning a husband who refuses to give a "get" might feel good and might give the agunah a sense that justice has been done, if this does nothing to help the woman to get out of her situation, perhaps justice is best left to the Divine Judge.
8:38
ReplyDeleteYour comment
"According to nearly all Hallachic authorities, a "get" obtained through the threat of incarceration is considered a coerced "get"."
Is not only misleading but is patently false!
What "nearly all Hallachic authorities" hold is that a husband put in Jail is now the only remedy to get a "get" from a vile creature like Wasserman.
In Israel the Rabbinite and the Badatz now use this method and they have a 95% success rate.
Your word salad is just that, "word salad" and means nothing.
Those Rabbanim who hold that jailing a "recalcitrant husband" is considered a coerced get should all have children and grandchildren in this position!