Reply To: Men withholding a Get

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akuperma
Participant

Joseph: But there is a chiyuv to support one’s wife (and children) which ends when you give the get – and its a lot easier to chase after money. The problems with gittin involve men using the get for leverage, typically for money. If we focused on enforcing the financial obligation, if effect by having a collection agency attached to the Beis Din, it would incentivize the reluctant male to give the get. And while courts are reluctant to let people arbitrate complex equitable actions such as child custody, enforcing money judgments is less problematic.

The ideal solution in a failed marriage would be to structure things so the man comes running to the Beis Din, begging for permission to give the get, ASAP, before his soon to be -ex spends all his money. And if he has to worry that she’ll end up with a free lawyer – that’s more fearsome than having his shul stop giving him an aliyah. And since none of this is “coercion” in a halachic sense, no shailoh about the halachic correctness of the get.