May 10, 2018 8:50 am at 8:50 am #1518815ShainameidelParticipant
I’m researching the topic but being as the internet is a place which has far more secular articles than jewish, It has been a bit difficult. I would prefer that they be in English, if possible.
Recommending Rabbanim who have spoken on the topic would also be helpful.
Yasher koachMay 10, 2018 11:37 am at 11:37 am #1518946K-cupParticipant
YU has English shiurim on the topic online. Even if they’re left leaning for you, they’ll reference many sources for further research.May 10, 2018 3:49 pm at 3:49 pm #1519043JosephParticipant
An aguna is defined in Halacha as a wife whose husband was lost at war or at sea and his whereabouts and whether he’s alive is unknown. There is a lot of halachic literature on this.
These days the term has been hijacked for political purposes to often refer to wives who want a divorce, and their husband does not want to divorce, even when the wife is halachicly not entitled to a divorce.May 10, 2018 3:53 pm at 3:53 pm #1519063☕ DaasYochid ☕Participant
What about cases where the husband has no interest in maintaing the marriage but withholds a get out of spite?
What about where the rabbonim recommend a get but can’t literally force him?
Are you similarly unsympathetic in those types of cases?May 10, 2018 11:06 pm at 11:06 pm #1519110JosephParticipant
In your first example it seems he’d be halachicly obligated to give a divorce. Clearly he should give it. And if he doesn’t and Halacha permits coercion then he should be coerced.
Your second example is a bit vague. Halacha has situations where he must give it and can be coerced if he does not. Halacha has other situations where he’s halachicly obligated to give it but the Beis Din is halachicly prohibited from applying coercion. In such a case he’s a rasha if he fails to give it even though the rabbonim cannot apply pressure and can do no more than tell him to. Then there are cases where (Chazal and) Shulchan Aruch say he does not have to give a divorce his wife is asking for and B”D is to tell her to return to his home and their marriage. Chazal, the Mechaber and others enumerate such situations.
No lack of sympathy was expressed. Criticism was expressed for those that exert pressure for a divorce in situations where Halacha and S”A rule that one needn’t be given and pressure is kneged halacha. And when the term aguna is inapplicable even though it is bandied about to create secular pressures that are a severe violation of manifold halachos.May 8, 2020 7:35 am at 7:35 am #1858681n0mesorahParticipant
A time capsule! in 2020 we are all aware that holding back/not taking a get is about custody and/or finances.
- You must be logged in to reply to this topic.