Reply To: obtain a beis din's preliminary ruling without actually going to a beis din

Home Forums Family Matters obtain a beis din's preliminary ruling without actually going to a beis din Reply To: obtain a beis din's preliminary ruling without actually going to a beis din

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Joseph
Participant

lilmod, as I just mentioned to Lenny, this point is only relevant if one spouse is insisting on shalom bayis whereas the other spouse is insisting on divorce. If both spouses agree to divorce then they can divorce for any or no reason, however silly the reason may be. I don’t know how many divorce cases where one spouse wanted to divorce while the other didn’t and contested the request in beis din, that you are very familiar with the beis din proceedings of, but I’d guess it isn’t very many.

Also note that the Halacha has significant differences when it is the husband contesting the divorce request of the wife versus when it is the wife contesting the divorce request of the husband. The wife’s right to contest a divorce request is only granted to her by a rabbinic decree of Rabbeinu Gershom, and even that is only applicable to Ashkenazim, as min HaTorah a husband is permitted to divorce his wife at will for any reason. OTOH, min HaTorah a husband doesn’t have to divorce his wife unless he wants to. The Torah says that clearly and that is the Halacha.

And beis din’s hands are tied to halacha. If halacha doesn’t require a divorce be granted then beis din cannot order that a divorce be given.