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

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#1032216
Joseph
Participant

Avram: “What about a case where the beis din recommends it? Would you support the husband in declaring, essentially, that he knows G-d’s will better than those rabbis?”

Your question is if beis din rules there is certainly no ???? ????? and there is not even a ???? ????? but it “recommends” it. In this hypothetical case, without case-specific information, does the ambiguous term “recommends” mean that their personal opinion is that it would be a good idea but they are not asserting that it is G-d’s will? (In which case they themselves are not asserting he must do it.) If they recommend it because they assert that it is “G-d’s will” then of course I would fully encourage him to give it.

“I think that the people you are referencing are not having a problem with the halacha, but rather with the husband not wanting to give it.”

In my opinion they do have a problem that the halacha is that a husband doesn’t have to give it if he doesn’t want to (unless there’s special circumstances that require he do so) simply because one is asked of him.

Now please respond to the question of the beis din case I presented above on Erev Shabbos. (DY too.)