Reply To: Macha against men not giving gittin

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ujm
Participant

“It was specified in our previous conversation”

I’m not sure why you’d think our conversation now is a continuation from another thread seven months ago (or expect me to look it up earlier). Nevertheless, I’m glad the point is now clarified for you.

“The only remaining question is if he claims to desire such, but either is lying, or anan sahdi that it is not going to happen) .”

The Torah and Halacha give him the default right to seek Shalom Bayis. If another party wishes to dispute the veracity of that, they have the burden of proof (that meets halachic requirements) to prove otherwise.

“Are you saying the Torah’s approach has a flaw?”

Why aren’t you asking this question against Rabbeinu Gershom? He made the cherem (that a man is prohibited to divorce his wife if she doesn’t want to be divorced), not me.