Reply To: Is it ever proper to withhold a get?

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#1032177
The little I know
Participant

I’m not understanding some comments here. A marriage requires two people to love each other and jointly make their home function. A home cannot stand with stability if there is disunity. That lack of stability has profound negative effect on the two spouses, and it also affects the children. When a couple gets into the parsha of divorce, they have given up on the prospect of repairing the relationship. It only requires one party to make the marriage non-functional. So if they stayed legally and halachically married, the scars and instability remains. No one stays happy if the halachic get and/or legal divorce are either refused or delayed.

Many commenters addressed the halachos of whether a woman can demand a get if the husband wants to maintain the marriage. I will not enter into that discussion, and it probably is better off being discussed in the beis hamedrash, not cyberspace. The question here, obviously in the general sense, is whether it is OK to withhold a get. The general answer is “Of course not”. But that does not translate into any specific case.

It is foolish to have a mesiras haget before the affairs are settled. Permitted by halacha, but stupid. It takes both parties to negotiate in good faith to reach an agreement. They have usually become adversarial, so this process is bound to involve some complication. Extorting money as a payoff to give or receive a get are commonplace. The vocabulary most appropriate to describe the morality level of this would be blocked by the moderators. Counseling for shalom bayis is great IF BOTH PARTIES WANT IT. If one is motivated and the other is not, the failure is guaranteed. Engaging in a counseling effort may be pleasing to the one referring them and profitable to the one conducting the services and getting paid. But it has no discernible benefit to the marriage.

Anyone doing marital therapy/counseling must assess the motivation level of the two people. It is not the counselor’s role to tell either of them they are wrong or right. That actually promotes divisiveness, and it undermines the prospect of restoring a relationship. If either of them is resolute in wanting to leave the marriage, it is most responsible to accept that and address the future recognizing that they will not function as a couple. This is using saichel, not strict halacha. It is often the letter of the law is not what the ????? instruct us to follow. Maybe the pressuring is worth questioning, but a get should be given when the viability of the marriage is gone. Only one of the two partners in the marriage needs to have given up on it for it to be nonviable. Nothing I said here is partial to either men or women.