tag:blogger.com,1999:blog-3314914268727443114.post7710085339838666560..comments2023-10-31T12:43:06.690-04:00Comments on NishmaBlog: Agunah Resolution?Nishmahttp://www.blogger.com/profile/04237299801109329429noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-3314914268727443114.post-48531727904024500722013-11-12T12:18:27.890-05:002013-11-12T12:18:27.890-05:00The essential problem is the inherent weakness of ...The essential problem is the inherent weakness of the practical authority of Beit Din. The get is actually the final procedural step in a divorce proceeding -- you could say similar in some way to a decree nisi in civil divorce. Prior to this procedural step the court, i.e. beit din, is expected to work out all issues and then upon conclusion and implementation of their judicial conclusions, there is the direction to give the get and thus conclude the matter. (Beit Din also maintains a right to order a get first prior to their decisions on other matters -- but the essence is that everything is before the court.) Problems often then arise because beit din is not seen in this way and only as a place for the get. This narrowing of beit din's actual halachic authority increases the problems. And this is not to say that batei dinim, through their own behaviour, are not their own contributors to this loss of judicial authority.<br /><br />Rabbi Ben HechtRabbi Ben Hechthttps://www.blogger.com/profile/13424122479105225620noreply@blogger.comtag:blogger.com,1999:blog-3314914268727443114.post-44420959035351016032013-11-12T11:46:09.387-05:002013-11-12T11:46:09.387-05:00> Civil and Dignified Divorce
That's an o...> Civil and Dignified Divorce<br /><br />That's an oxymoron if I ever saw one.Mighty Garnel Ironhearthttp://garnelironheart.blogspot.comnoreply@blogger.comtag:blogger.com,1999:blog-3314914268727443114.post-27146350472243502542013-11-12T11:09:15.147-05:002013-11-12T11:09:15.147-05:00How often does a guy refusing to give a gett, or t...How often does a guy refusing to give a gett, or the woman refusing to accept one, going to agree with their spouse on going to mediation, arbitration or court, and going to agree on which one would hear their side fairly?<br /><br />This is only where the gett is a tool being used to influence the settlement realistically. Not when the gett or the desired settlement is being used as weaponry.micha bergerhttps://www.blogger.com/profile/11612144735431285113noreply@blogger.com