Reply To: Broken Engagements

Home Forums Shidduchim Broken Engagements Reply To: Broken Engagements

#919483
Kasha
Member

happy123, there is no judging. We are talking theoretical, not any particular case. Furthermore, we are discussing the future, not so much the past. Meaning, encouraging the continuation and preservation of current and future Jewish marriages, and discouraging unnecessary and counterproductive divorces.

clearheaded, there are two separate issues at hand. 1. Is the GET a valid technical document, 2. Should a GET be issued. They are to an extent distinct issues from each other.

As a technical matter regarding point 1, one may be able to actualize a legal GET document for no reason whatsoever. It is then a halachicly effective divorce. (Similarly with Kedushin. If a 13 year old boy playfully puts a ring on a 12 year old neighborhood girl, and says “Harei At…”, he may have halachicly married his neighbor – although this scenerio is obviously problematic.)

Nevertheless as far as point 2 is concerned, even though such a GET is technically valid in the eyes of halacha, it may have been halachicly wrong to have been done, and there even may be penalties involved for having done so. (i.e. if a husband violates Chrem Rabbeinu Gershom prohibiting him from divorcing his wife against her will. Even though the divorce he gave her was halachicly effective.)