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

The term aguna does not apply to a wife who wants and requested a Get but her husband has no halachic obligation to give it to her and had chosen not to. Similarly such husbands are not doing anything wrong. You are confusing them with a husband who DOES have an obligation to give a Get, as halachicly ruled upon by beis din after a gittin case was heard, and nevertheless illegitimately refused to issue it to her despite his halachic obligation to do so.

Also note that Rabbeinu Gershom granted Ashkenazic wives the right to decline accepting a divorce that her husband wants to give her and choosing to remain married to him despite his wishing to divorce her. And barring specific circumstances that gives him the halachic right to overrule her objections, she is fully legitimately entitled to choose to decline accepting the divorce and insisting on remaining married to him.