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

Your question to me regarding a hypothetical situation where the husband has no obligation to divorce his wife but the rabbonim recommend that he do so nevertheless is an interesting question that required more thought. This is my thoughts about it, while noting it is hypothetical and thus subject to situation-specific thought were it applicable in a real life situation. Assuming the rabbis dealing with it were yirei shamayim who don’t cater their actions to modern crowd pleasing laymen demands, then I think the husband would be wise to accept their recommendation. (I’m much more skeptical of secularly-trained therapists making gittin recommendations. In the secular world divorce is considered par for the course that is recommended far far more than appropriate.) That being said, you acknowledged it is a situation where there is no obligation to divorce. That being the case, while it would be smart of him to divorce, should he unwisely elect not to do so, he is committing no sin and is excersicing his Torah granted right to remain married. Just as in the case Rav Elyashiv dealt with, where it was far more severe circumstances, and nevertheless the ruling was he was within his rights (which he exercised) to decline to divorce.