Reply To: Do MO believe in non-strawman daas Torah?

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Joseph
Participant

Whose “normative Halacha”?

The one in S”A/Rama.

Worst case, he will go to court and the Bais Din will say the he doesn’t have to give a Get.

The BDA, as a matter of policy, will virtually never tell a husband he doesn’t have to give a Get if his wife wants one. Even if the halacha in S”A is that he doesn’t have to give. (Recall your earlier comment bemoaning something not being politically correct?) And see the Chazon Ish Gittin 99:2 that when beis din mistakenly tells the husband to give a Get when that is not the halacha, the Get is invalid m’doraysa. (i.e. the CI is pointing out some beis din’s do it wrong.)