Recalcitrant Husband Agrees to Give a Get – Beis Din: Not on Rosh Chodesh

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divorceAfter waiting four years for her divorce, a recalcitrant husband on Sunday, 1 Rosh Chodesh Iyar 5775 announced to the beis din he is willing to give his wife a get if she agrees to drop all claims for their joint property. It is pointed out the woman is scheduled to return to France on Monday morning and she was ready and willing to acquiesce to receive her get.

To the women’s horror, the beis din explained it was not willing to order the writing of the get because it is Rosh Chodesh. They woman pleaded, fearing her husband may have a change of heart. The dayanim reportedly told the woman the Shulchan Aruch is clear, that a get is not given on Rosh Chodesh, not wishing to address the psak of the Rema regarding an agunah.

“וטוב לחוש לזה אם לא במקום שיש חשש לעיגון”.

And so the day’s events for the woman ended, without a get.

(YWN – Israel Desk, Jerusalem)

28 COMMENTS

  1. אוי לאוזנים שכך שומעות
    I only hope that this is not an accurate representation of what actually happened.

  2. 30th of the month is only Rosh Chodesh midRabonon and seems to be plenty risk of being Igun=man changing his mind; It is no wonder that there is no respect left for institution of Botei Din in this day & age.

  3. I am sure this story can not be true and if it is we must hear the other side of the story otherwise if the story happened the way it’s written it’s an utterly horrific story

  4. This is insane.this is the epitome of “chesash igun”.this will be on the heads of these dayanim if he changes his mind .Shameful!

  5. Sorry, but this story is totally not believable!
    The rabbanut have a reputation to do anything possible to ensure that a woman can get her get and I’m sure sure they know the halochos better than this reporter!
    Please check this story again and I’m sure you will find that it is a complete fabrication by an anti religious person as has happened many times before!

  6. If the Shulchan Aruch says so, and the Beis Din poskins that way, then there is no issue. No one likes to make an aguna wait even one second longer – but we follow halacha! Imagine if she tried to remarry, and a later Beis Din ruled that her get was invalid. Or worse, she got married and had children, and then it was ruled invalid, her second marriage was annulled and her children were made mamzerim. I am not saying that a Rosh Chodesh get would be posul (that is for our chachamim to poskin), but the principle is the same: we must let halacha, not our emotions, be our guide.

  7. I am also a victim of bsis din going lechumra against the Rama. IMHO, to be machmir where there is an alternative, and to prolong the pain of the suffering party– they have blood on their hands.

  8. על אף שעצם העובדה, כפי שמסופר כאן, מדאיב ומדאיג, הסיפור הוא חילול ה’ (אפי’ את”ל שאינו לה”ר על כלל הב”ד בישראל, מאיזה סיבה שיהיה, וכגון שהדבר כבר נודע לרבים ויל”ע בזה טובא). צער לי שעדכנו ע”ז ללא שום תועלת, וללא אחריות
    This is a ‘hit-and-run’ news item that should have no place in a frum newscast.

  9. What is the point of this article? As written, all it serves to do is to leave one with negative feelings concerning batei din and divorce proceedings.

    Furthermore, we are completely in the dark as to the reasoning of the dayanim on the beis din. Perhaps they had a valid reason for “ignoring” the Rama’s caveat. One must judge the dayanim favorably and assume that they did.

    Nothing was gained by the publication of this piece. Rather, it merely served to chisel away at the authority of batei din.

  10. An article about this appeared in Times of Israel yesterday.
    I can imagine their agenda in trying to make a Beis Din look ridiculous. I am not sure what agenda yeshiva world has. Even so, TOI ended their article in fairness with the following: “The Beit Din issued the following statement (translated):

    The court administration regrets the shameful noise made against the Jerusalem court. While the parties were still on the premises, slander was publicized to sully the name of the court. The case was being taken care of by the court to arrange the get. At the end of the matter the court went above and beyond and arranged the divorce between the parties.”
    http://blogs.timesofisrael.com/how-social-media-freed-an-aguna/

  11. Something is wrong with this article. There is an additional technical problem with a get on the first day of a two day rosh chodesh. This technicality has nothing to do with the above quote which appears to be about rosh chodesh in general.
    There is a sofek how to write the date in a document on such a day: 30 Nisson or first day of rosh chodesh Iyar.
    Since the incorrect writing of the date on a get will invalidate it, and put the lady into a worse position than she already is, we don’t write a get on those days.
    Perhaps she could have made a shliach or perhaps the husband did this on purpose to garner sympathy generated from inaccurate articles.

  12. I guess you have every right despite being a layman, to be puzzled about the psak of a beis din. What you most certainly do NOT have, is the right to question their decision in public, especially without giving them the right to explain themselves.

    Your publicising this is 700% unadulterated loshon horah.

    Forgive me for saying this but shame on you. And there was I thinking this was a “Yeshiva” website.

  13. In the time of Rashi men would give a conditional get before going on business, if they didn’t come back by a set time its automatic. Every marriage should have such a conditional get, if they are not living together by choice for a set time its over. This is absurd and makes people turn away from Judaism. The get law must be eliminated. If we can put a rope up in NY or Baltimore and call it a wall for shabbat we can figure this out.

  14. I cannot help but think that this article is being slightly critical of the Beis Din’s decision.

    Surely this is not helpful in todays society – that a “Yeshivish” site should be seen to mock a Beis Din’s Psak Halocho without bringing down any details.

  15. SHOULD THIS NOT BE A CLASSIC CASE OF “EIS LA-ASOS LASHEM HEFEIRU TOEOSACHO”. (ECAUSE OF WIFE’S CONCERN THAT HUSB MAY CHANGE MIND}??????

  16. IF it is true (IF), the Bet Din decides what is permitted and what isn’t. However….I feel for the woman. I pray tomorrow she receives her Get.

  17. I am reading much wanton and needless speculation in the comments. Apparently readers are not bothering to go to the original makor, the article quoted by #15 (http://blogs.timesofisrael.com/how-social-media-freed-an-aguna/, which relates the story behind the headlines:

    “The woman in question had married at age 18 to a man who was 30 years old. They were married for 12 years. Four years ago, she asked for a divorce and for four years she was denied. Her husband had stopped showing up to court hearings. Last Thursday, she came to the court (she flew in from France for the hearing) and she was surprised to see that he indeed was there. He agreed to give her the get if she signed away all claims to possessions and their five children. After she signed the agreement, Rav Mazuz told them to come Sunday to have the get written. Upon arriving on Sunday, the woman and her lawyer were told that Rav Mazuz refused to write the get on Rosh Chodesh, but said that he would find a judge who would. One by one, the dayanim refused. So, here was a woman chained by her husband for four years who was now chained by the Beit Din.”

    The Agnua’s situation was then posted on social media and tremendous pressure was brought to bear, such that dayan/im were quickly found, and the get was given. The article also cites another instance of alleged insensitivity.

    ***THIS IS THE KEY POINT: Whether you or I like it or not, an increasing number of advocates for Agunos feel that “a woman’s right to divorce and freedom is not priority #1 to dayanim, lawyers, rabbis and community.” These people ARE NOT Women of the Wall. They are not asking to have the Halachos of Gittin overturned. Many are heimishe women who express these opinions very reluctantly, but feel as they do because of their experiences. That is undeniable. All of us who interface with the community understand that, particularly in the current age of instant information, public relations are critical. I don’t believe it is Loshon Hora to suggest that the Batei Din could do a better job in the public relations realm.

  18. #18,#24,

    Excuse me ?

    Someone did research on Agunos a couple of years ago, and discovered,that there were more men than women being “chained” by the former spouses!

    Obviously , men have more and easier options in these scenarios.However the blame,if you(plural) so desire to lay somewhere, therefore can only be laid on Judaism .

  19. Shulchan Oruch also says not to do it in a month of Iar(shaila how to spell it)
    In America we follow the psak of Rav Henkin z”l that today all the Gitin are shas adchak, and we do them on Rosh Hoidesh as well.
    (Actually we did get yesterday).