Courtesy arutz 7
Prenuptial agreement will remove the need for public shaming
Head of Tzohar explains the correct way to avoid get refusal, explains how shaming can be used in certain cases as a last resort.
Founder and Director of the Tzohar Rabbinic movement Rabbi David Stav told Arutz Sheva about the new protocol published by Tzohar regarding the appropriateness of shaming get (Jewish bill of divorce) refusers online.
“It is something that we call the boycott of Rabbeinu Tam that was established 800 years, in cases where we don’t want to coerce a get on a husband, but we want to encourage him to give a get, we use different steps to push him to giving the get. We don’t put him in jail, but part of the sanctions we put on him, we don’t give him an aliyah, and we don’t talk to him and we don’t count him for a minyan.”
Rabbi Stav said that the ancient law is applicable today in terms of online shaming.
“The Beit Din is applying the same steps in shaming a person on websites as it used to do in the community.”
Rabbi Stav noted that there is a difference when it comes to magnitude of the shaming campaign as the internet is worldwide, but he says that the community has become worldwide as well. “Facebook is a much larger, and the community became much larger.”
According to Rabbi Stav one must be very careful when choosing to apply the ruling.
“I want us to pay attention to something that is very helpful. People may think that once A Beit Din has allowed this public use of shaming for a husband who has refused a get, people may apply it to other cases where there is not an approval from the Beit Din. That is certainly prohibited, for any case of public shaming [that is not permitted by a Beit Din] the punishment is very severe according to the Halakha.”
Rabbi Stav recommended that we prevent the issue altogether ahead of time. “I believe the issue of shaming a person in public who refuses to give a get [is something] we should prevent in advance. One of the solutions that we have been working on is the prenuptial agreement.”
Rabbi Stav believes that Tzohar’s prenuptial agreement will prevent 90-95% of get refusals that take place following a divorce, as it clearly sets out the financial arrangement that will be enforced should a get not be given, thereby removing it from being used as financial collateral in the case of a divorce.
Jews in the Diaspora live under the concept of Dina Malchuta Dina. The law of the land is the law. What is the problem with a couple entering into a prenuptial agreement in which they agree that in the event that either party wishes to dissolve the marriage they each agree to abide by the relevant laws of the the secular country/state jurisdiction in which the marriage took place. Marriage is after all a transaction and the rules of contract should apply. Or put it in the kesubah along with the husband's obligation to support the wife that dissolution of marriage shall be governed by secular law (or religious and secular law, but in the event of a conflict, secular law shall control). Question on related topic. Is there a concept of abandonment permitting divorce. If husband abandons wife for a period of time either actually or constructively (refusal to have relations), should this not be a ground for divorce or annulment initiated by the wife or a beis din?
Posted by: Jeffco123 | February 23, 2016 at 01:23 PM
another day.....another waste of time.
Posted by: Oily Yoily | February 22, 2016 at 05:59 PM
Look at all your posts!!! You are getting 1 - 4 comments on each post. Shmarya used to get 60 to 70 comments per post. Come on!!! Step it up man don't be scared to get to the real issues that are affecting our communities.
Posted by: Moisheb | February 21, 2016 at 08:31 PM
There is an issue that many Beth Dins do not consider. What happens when a married woman decides she wants another husband through no fault of the original husband? In today’s world of romance novels, constant pornography on TV, and immodestly dressed women; too many married women believe the grass is greener and more romantic on the other side of the fence.
They will use the civil courts, against Jewish Law (mesirah) to divorce their husband and then scream agunah. Now they can use shaming of their original husband according to some Beth Dins. This will not prevent the agunah issue.
An agunah is a man lost at sea, or taken prisoner in battle with no evidence whether he's alive or dead, or a man who refuses to EVER grant his wife a Get. These are the issues which would then render a wife an Agunah.
On the other hand: a woman who demands a GET and does not receive it, is not an Agunah.
Men need to be aware that if summoned to a Beth Din, they have the option of choosing their own Beth Din or Zabla.
Posted by: Benyamin Yosef | February 21, 2016 at 01:31 PM