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Is the Kallah’s Get Valid or Will the Chasenah be Cancelled?

chupAdmorim, dayanim, rabbonim and askanim are busy today, 2 Teves 5774, hours before a chasenah that is set to take place in Bnei Brak. The chosson is a ben torah who over recent years has become very close to the Vishnitzer Rebbe Shlita. The young man’s rov, who takes a personal interest in all of his talmidim, arranged the shidduch for this talmid who is described as a bit advanced in years. The kallah is a divorcee with three children.

We must now backtrack about 18 months and travel 6,500 miles to New York City. At that time it was reported that thugs broke into the home of a chassidish avreich in the middle of the night and beat him to persuade him to give his wife a get. The story shocked many and made prominent news headlines. The avreich did give the get but maintains it is not valid and he only gave it to stop the beatings. Shluchim for the man insist the husband never intended to divorce his wife and from the husband’s point of view, he is still married. The young mother happens to be the shidduch who is hoping to marry the young man who is close to the Vishnitzer Rebbe.

Leading rabbonim in Ashdod remain divided in the case, with many of the opinion the get was invalid. The city’s chief rabbi, Rabbi Chaim Shimon Pinto however feels the get is valid and is fine with the woman remarrying as planned without any reservations. He has issued a document in writing permitting the woman to remarry l’chatchila without any reservations.

Kikar Shabbat reports the matter during the past hours has been handed over to leading admorim in the USA to render a verdict on the validity of the get.

The husband of the wife who was beaten in NYC has arranged for pashkavilim in Bnei Brak calling for protests against permitting a chasenah of eishes ish and the chupah is set to take place davka in the Torah City.

(YWN – Israel Desk, Jerusalem)

13 Responses

  1. Remember the story of a woman in shul on Yom Kippur screaming that she needed a drink? The rav told her she may have a schnapps gleisel of water if she pays $5 for it. Of course, she managed to fast the rest of the day without the drink.
    Either this husband really wants to continue married to his wife (who asked for the get and is ready to walk down the aisle with someone else tonight) OR he’s just claiming that she’s still an “eishes ish” out of his petty rishus. I suggest that he be required to pay $100,000 to a tzeduka in Bnei Brak in order to claim that she is his wife. If he won’t ante up, then we know he doesn’t really want her anyway.

  2. If the man has been refusing to pay for the support of his wife and children, he should give the “get”. Typically in these cases there is an element of extortion.

  3. I don’t know anything about this case, or the people involved, but I do know that anyone who is not a) thoroughly familiar with all the halachos of a get me’usa, and b) knowledgeable of all the details of the case – can be dead wrong and has no right expressing any kind of an opinion in such a case. Leave it to the dayanim!

  4. I don’t condone violence in any form but I do believe the get is valid and she should be allowed to remarry. I wish her all the best with her new family.

  5. This is right of Gemara Gittin and Shulchan Aruch — it doesn’t matter what the husband feels now; but what did the witnesses to the Get see when it was commissioned in the first place.
    Then, if dayanim negate the Get, they can approach him again and ask for a Get, and inform him that if doesn’t give it, the city of Ashdod will have an asifah to daven for his death.

  6. According to Shulchan Aruch if a husband if unwillingly forced to give a Get that he does not want to give and that a beis din that he agreed to decide the issue did not order one be given, then according to Shulchan Aruch the Get is considered to be a Get Me’usa”, an invalid Get.. Read Shulchan Aruch about the halachos of “Get Me’usa”.

    If the wife purports to “remarry” after a Get Me’usa she is committing adultery and any future children are mamzeirim m’doraysa.

  7. berlin #10: This is an area of my halachic expertise and I’m a baki in this inyan. What I stated above is entirely accurate from a halachic perspective as stated in Shulchan Aruch.

  8. bklynmom” Some men refuse to give a “get” because they want to save the marriage. Some men refuse to give a “get” because they want custody or access. These are really situations for counseling, not adjudication. I suspect that when the couple and the Beis Din are from similar social matters these problems are dealt with informally and relatively amicably, but it doesn’t work if one or both of the parties are from different social backgrounds.

    The situation this is problematic is when the man is trying to extort money from the woman, and ignoring the order of Beis Din – one isn’t allowed to shake down a litigant for money that the Beis Din hasn’t awarded you – and the Beis Din is unable to enforce its judgement.

    From the sound of the case, I suspect it is the latter, but without interviewing both parties its unclear. Doing things “mafia” style raises other issues, as the local prosecutors are not amused if the wife’s friends and relations retain a hit man to make her a widow (or threaten to do so), even if some might argue that could be justified halachically, though perhaps only if a Beis Din authorized it (which is unlikely).

  9. “Kikar Shabbat reports the matter during the past hours has been handed over to leading admorim in the USA to render a verdict on the validity of the get”.

    Where do “Admorim” come into the picture? This is an issue for Rabbonim and Dayonim!

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