Reply To: Get Refusal

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#1958148
ubiquitin
Participant

“If they mutually agree that the marriage is over, then normally your point is correct”

Fantastic then we are in full agreement.

Though this part throws me off and seems to contradict the first point

“Now this point I must take strong exception to. If strictly speaking he’s not halachicly obligated to divorce, as you give in your example, then generally speaking he has no moral, ethical or other imperative to do so even if she wants to divorce.”

To clarify what I meant. I am talking about a case whre the marriage is over. You ask who decides? Whoever you want. I’m not talking about a specific case strictly in the abstract.

If the marriage is over and there a get should be given (barring some exceptional cases)

“My underlying point is that this newfangled idea that if one spouse wants to divorce when the other does not, then the one wanting it generally has the right to it over the objections of the other spouse, is wrongheaded and has no basis in halacha.”

Yes I get that.

My underlying point is that there are other aspects to halacha. You mean in hilchos Gitin there is no basis. There are other halachos Veasisa Hayashr Vehatov is important too.